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(영문) 대전지방법원 2017.11.16 2017고정1150
모욕
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. On December 13, 2016, at around 13:30 on the street in front of the D cafeteria, the Defendant publicly insultingd the victim by saying, “A, in the same year of this sick, hys, and Pysia, hysia hysia hysia hysia hysia hysia hysia and hysia hysia hysia hysia hysia hysia hysia.”

2. The Defendant B, at the front of the D cafeteria located in the Daesung-gu Seoul on December 13, 2016 at around 13:30 on December 13, 2016, was under consideration by F while appraising as a matter of business operation with the victim E, “human garbage and the camping year”;

In addition, the term "the same year as human garbage, the same year as human garbage, and the same year" was publicly insulting the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement protocol by the police for E;

1. A transcript of the complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 311 of the Criminal Act and the choice of a fine concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The imposition of a fine is somewhat reduced by taking into account the following circumstances: (a) the fact that the reason for the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Aggravated Punishment Act”) of the Provisional Payment Order is unfavorable to the victim; (b) there are some circumstances to be taken into account the background leading to the instant crime; and (c) the sentencing conditions indicated in the record.

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