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(영문) 서울동부지방법원 2015.04.22 2014고정1875

모욕등

Text

Defendant shall be punished by a fine of KRW 1,200,00.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

The defendant is the defendant's three representative of the C Apartment, and the victim D (Inn, 57 years of age) is the one representative of the above apartment and the chairperson of the council of occupants' representatives of the above apartment.

[2] On July 20, 2014, the Defendant made a public insult of the victim on the ground that the victim purchased the apartment water in front of the Seongdong-gu Seoul apartment guard room by cutting down the prices of the apartment water, the Defendant made a public insult of the victim’s “the same year, Do, Do, Yok, Ying, and Low-do, Ying Do,” and the security guards and the residents of the apartment, 10 people in front of the ten people’s name.

[2014 High Court Decision 2105]

1. On April 10, 2014, the Defendant stated that, around April 10, 2014, the Defendant: (a) around April 21:40, the Defendant expressed that, “Around April 21, 2014, the apartment security guards had a dispute with E in front of the Seongdong-gu Seoul Metropolitan apartment security guards; and (b) there was about five apartment residents having a hearing, the Defendant said that “I do not see why I would like to see why I would see the D president and attachment, or why I would like to see it.”

Accordingly, the defendant openly insultingd the victim.

2. On April 10, 2014, around April 21, 2014, the Defendant expressed that, at around 21:00 on April 10, 2014, there are about 10 apartment residents in the place indicated in the above paragraph (1), the Defendant expressed the victim’s desire to “one hundred and one hundred and one another shall be dead, Chewing, dead,” and the victim’s husband’s name shall be considered to be “F dogin,” and the Defendant expressed the victim’s husband’s name.

Accordingly, the Defendant publicly insultingd the victim.

Summary of Evidence

1. Partial statement of the defendant (which was made on the second trial of the case, 2015 High Court, 1875);

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;