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(영문) 서울북부지방법원 2013.06.20 2012고단1004

모욕

Text

The defendant shall be innocent.

Reasons

1. On December 2, 2012, at around 23:35, the Defendant, at the one-way road located in Jung-gu Seoul, Jung-gu, Seoul, and the Defendant, on the grounds that the Defendant driven a D vehicle on the one-way road and driven the vehicle in transit, and the swayF affiliated with the Seoul, mid-gu, Seoul, Southern Police Station Emba, the victim, was the victim of the dispute, and five persons, including G, listened to the victim, the Defendant openly insulting the victim by saying, “Chewing sway, mae, sway, sway, and the police sway,” and openly insulting the victim.

2. A person who was at the present site of this case and appears as a witness in this Court shall have the victim F, H, G, I, and J.

Witness

G and J state that the defendant was unable to hear the sound that he / she takes a bath.

However, although I stated that the defendant was able to take a bath, it was not only the defendant's statement but also the statement of F and H, and it is different from the statement of F and H, and it is not consistent with the facts charged in this case ( even if I's statement is appropriate, I did not know the victim or the defendant, G at the present site is the defendant's compensation, and H is the victim's compensation and there seems to be no possibility of spreading it.) On the other hand, F and H stated that the defendant took a bath while attending this court and hearing five persons, including G, while F and H are the victim, H are the same fee of F, and H are difficult to credibility the statement due to a considerable dispute between the defendant and the victim at the time of this case, and other evidence submitted by the prosecution alone, it is insufficient to recognize that there is no other evidence to acknowledge that the defendant took a insulting hearing by five persons, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of not guilty under the latter part of Article 325 of the Criminal Procedure Act