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(영문) 수원지방법원 2017.10.13 2016고정3088

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, the above fine shall be paid on 100.

Reasons

Punishment of the crime

1. On May 27, 2016, Defendant A, while in front of the F, G, H, etc. run by the victim E in Young-gu, Young-gu, G and H, the victim said that “human garbage” was openly insulting the victim.

2. Defendant B interfered with the victim’s vehicle parking business by force by installing two containers in front of the F Office door operated by the victim E from June 1, 2016 to January 31, 2017, and by carrying construction materials, thereby preventing customers from having access.

Summary of Evidence

【Paragraph 1 of the Judgment】

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect of some police officers with regard to H;

1. Investigation reports (Attachment of on-site photographs), and investigation reports (to listen to the statements of witnesses G at the bathing site);

1. On-site photographs, cell phone image CDs 【Dive phone image CDs,” taking into account the circumstances acknowledged by each evidence of the judgment, the relationship between the parties, etc., the Defendant may fully recognize the fact that the victim E made a statement, as indicated in its holding.

【Paragraph 2 of the holding】

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect of some police officers with regard to H;

1. An investigation report (Attachment of a signature of the F Visiter), a criminal investigation report (Attachment of a site photograph), and a report on internal investigation (on-site visit);

1. The reference note;

1. On-site photographs, cell phone image CDs recognized by each evidence of the judgment, i.e., the parties’ dispute circumstance, the distance between the place where the Defendant installed a container, etc. and the victim’s office is excessively narrow, the actual use of the container installed by the Defendant is unclear, and the entrance of a vehicle for hosting operations is considerably difficult or impossible due to the installation of a container, etc., the Defendant’s act constitutes interference with the business, and the Defendant’s criminal intent also is fully recognized.