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(영문) 대전지방법원 2020.10.15 2020고단2289

모욕등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is the resident of Daejeon Dong-gu B apartment, and the victim C(58) is the security guard of the above apartment.

1. On December 26, 2019, the Defendant insultingd the victim at the guard room of the above apartment building around 23:00, the Defendant told the victim that the victim’s “construtably brutly brut” was “construtly brutly brutly brutly brutly brutly brutly brutly brut the victim’s brut, and brutly insulting the victim.”

2. From October 25, 2019 to November 26, 2019, the Defendant obstructed the victim’s guard duty by force over a total of five occasions by means of the same method as indicated in the annexed crime list between around 25 minutes and around 26 November 2019, stating that the Defendant was under the influence of alcohol in behind the guard room of the above apartment complex, stating that the victim, who reported the guard duty, did not properly clean.

3. At around 10:30 on November 18, 2019, the Defendant was investigating the victim at the above apartment house to confirm the victim’s absence of work place, and to find the victim for a trial fee against the victim’s neglect of work, etc., the Defendant was in the security guards’ lodging room managed by the victim under the ground of the above apartment house D, and opened the iron door and photographs of the victim’s appearance as a cleaning agent.

Accordingly, the defendant invadeds on the room possessed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. The processing details of the F and G statements, the apartment management log, the recording file CD, the recording evidence, and the period;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act, the choice of punishment against the crime, Article 311 of the Criminal Act, Article 314 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Aggravation for concurrent crimes;