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(영문) 의정부지방법원 2019.01.24 2018고정1161
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a parent of the first and second grade C students at B elementary school, and the victim D is a teacher in the third grade of the sixth grade of the school.

At around 14:00 on June 27, 2017, the Defendant publicly insultingd the victim by saying, “If the victim’s two students (E and F) take a bath below the standards and, during the outdoor classes, the Defendant’s witness is deemed to be a student’s wall and a tree, I would like to know about the situation, after understanding the situation, I would like to give guidance to the student’s wall,” and saying, “I would like to see that it would be a year since we would not want to do so, and we would see that we would see that we would have to do so.”

Summary of Evidence

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

1. The defendant asserts that the defendant did not make a statement, such as the statement in the facts charged, although he/she had a high speech and behavior in dialogue with the victim.

However, the circumstances acknowledged by the evidence duly adopted and examined by the court of this case, namely, ① the victim used the inappropriate language as seen earlier by the defendant, and applied for deliberation to the Committee for the Protection of Educational Rights to the effect that the defendant interfered with the students’ taking of the course of study, and subsequently proceeded with the pertinent procedure. ② The victim, in the investigative agency and the court of this case, made it difficult to find reasons or motives for the defendant to make a false statement. ③ At the time of this case, G, who was a student of the sixth grade 3 of B elementary school at the time of this case, stated that the defendant expressed that he would take a bath to the victim, and the above statement was credibility in light of the specific contents of the statement and attitude in the court of law, ④ the student of the sixth grade 3 of B elementary school at the time of this case.

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