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(영문) 서울남부지방법원 2018.04.12 2017고정649
모욕
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the chairman of the Seoul Yeongdeungpo-gu apartment management committee.

On September 9, 2016, at the front of the above apartment management office around 09:00, the Defendant expressed that the victim C and the victim D removed the election guidance poster without the Defendant’s permission, and expressed the victim C’s desire to be “Chewing fluort” while the victim C and the victim D expressed their desire to restrain it.

Accordingly, the defendant insultd the victims openly.

2. Determination:

A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant

B. As shown in the facts charged in the instant case, the complainant C, D and G investigative agencies, witnesses, and statements in this court are made.

However, in light of the following circumstances, its statement alone is insufficient to lead a judge to feel true to the extent that the facts charged against the defendant are not likely to have a reasonable doubt, and the same applies to the addition of other evidence submitted by the prosecutor, and there is no other evidence to acknowledge it.

1) The Defendant’s statements are as follows: ① (a) whether the Defendant took a bath to C and told D “debrisingly harm”; (b) whether the Defendant took a bath to C and D both; (c) whether the Defendant took a bath twice before and after September; (d) whether the Defendant took a bath twice at the time (the witness C’s legal statement); (c) whether there was any witness other than G at the time (the witness D’s legal statement).

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