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(영문) 대구지방법원 상주지원 2017.04.25 2016고정161

모욕

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Relationship between the parties] The defendant is a resident of C apartment, D is a resident of the same apartment 708 unit, and E is a U.S. source of cleaning in an apartment complex.

[Criminal facts]

1. On June 20, 2016, the Defendant: (a) at the time of permanent residence on June 20, 2016, the Defendant made a public insult victim E by saying, “F, who works for a string, such as garbage separation and removal in C apartment C apartment 701 waste separation and removal site, “If you gather to hear these strings, she shall have them with them”; and (b) thereby publicly insulting the victim E.

2. On June 22, 2016, at around 07:30, the Defendant publicly insultingd the victim D by publicly insulting the victim D on the ground that D, in front of the present site of 708 Dong-dong 306, had collected waste, etc. from the apartment complex, was installed in the apartment complex. G, the head of Tong 22 head of Tong, “Yedo, Doar, Doar, Doar, apartment.”

Summary of Evidence

1. Each legal statement of the witness F, G, D, E, and H;

1. Each police statement protocol related to D, E, F, H, and G;

1. Each investigation report (No. 12, 15 No. 5 of the evidence list);

1. A statement of the reason why the management office was submitted [the defendant and his defense counsel shall not state the words such as "hydar" as stated in the facts constituting a crime in the judgment of the defendant, but according to each of the above evidence, the defendant may sufficiently recognize the fact of insulting the victims.

Defendant

and defense counsel’s arguments are not accepted

Application of Statutes

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;