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(영문) 수원지방법원 안양지원 2016.12.21 2015고단1860

모욕등

Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

피고인은 2015. 5. 23. 16:00경 의왕시 D에 있는 E 운영의 ‘F’에서, G 등이 있는 자리에서 피해자 H에 대하여 “남편이 아닌 어떤 놈팽이하고 새벽까지 술 먹다가 놀다 왔냐. 그 놈은 어떤 놈인데 왜 나를 찾고 다니냐. 바지지퍼는 다 내려가지고 미친놈처럼 다녔다”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H and part of the witness G’s legal statement;

1. Application of each of the police interrogation protocol to the defendant

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On June 9, 2015, the summary of the charge of not guilty portion of Article 334(1) of the Criminal Procedure Act of the Republic of Korea: (a) the Defendant: (b) at the J restaurant located in the king-si I on June 19, 2015; (c) at the J-si’s temporary meeting of the said organization, the Defendant damaged the honor of the victim H by openly stating the fact that “H went back to the bus at the time of the trip of Jeju-do while playing, while drinking alcohol to the pets and the new wall that are not the husband. At the time of the trip of Jeju-do, the Defendant was able to find a male in the bus at the time of the trip of Jeju-do. It was divided into the body to the extent that he was unable to hold the body, she was moving into the sea while leaving the sea, she was moving into the sea, showing his body and her attitude by displaying his clothes.”

Judgment

The defendant asserts that there is no way to speak as stated in this part of the facts charged, consistently from the investigative agency to the court.

Witness

The part that corresponds to each of the facts charged in relation to H’s legal statement, H’s accusation statement, and the police statement of H is that “the third party made a statement that the Defendant committed a crime under this part of this Act” and its content is a full statement or its content is a statement made by a person other than the Defendant.