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(영문) 광주지방법원 2017.01.11 2016고단4300

모욕등

Text

The sentence against the accused shall be determined by a fine of two million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

On February 2, 2016 to March 2, 2016, when the Defendant buried in C with soil mixed with the waste in the instant village, the Defendant made a malicious appraisal against the victim who resides in the adjoining village in Nasi E (hereinafter “the instant village”) on the ground that the public official asked the victim D (V, 74 years old) to investigate crop damage.

1. Defamation;

가. 피고인은 2016. 4. 12. 18:00 경 나주시 E에 있는 F의 집에서 F에게 피해자를 지칭하며 “D 이 우리 서방하고 빽을 하고 빽 물을 닦아서 놔 둔 것을 봤다.

“To impair the honor of the victim by openly speaking a false fact;

B. The defendant under the same year

6. 4. 18:00 At around 18:0, F, G, H, I, J, and K couple, a resident of the instant village, share food to the injured party when they share food to the injured party. The injured party f, G, H, I, J, and K couple share and drinked the injured party in the village hall of the instant village. “Ie one dele, one west.”

Then, the author tried to find out a number of detonies for the same year between the beginning of the year.

L. The victim’s reputation is undermined by openly expressing a false fact;

C. The defendant's explanation

6. From around 10:00 L, around 27:10, H and I received from H and I a house of H in L, “The year during which L is less than D, our Western and M. Our book was good while making a relationship D and with D.

“The honor of the victim was damaged by openly expressing a false fact.”

2. 모욕 피고인은 2016. 4. 17. 15:00 경 이 사건 마을의 마을회관 앞 노상에서 F이 있을 때 피해자를 향해 “ 저 년이 죄가 많아서 나를 보 믄 도망을 가. ”라고 소리쳐 피해자를 공연히 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statutory statement statute of D, I, F, and H

1. Relevant Article of the Criminal Act and Article 307(2) of the Criminal Act (the point of defamation by publicly alleging false facts) and the selection of fines under Article 311 of the Criminal Act concerning criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.