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(영문) 수원지방법원 2015.06.04 2014고단5167 (2)
모욕
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

D is the chairman of the council of occupants' representatives of E apartment, the F is the senior citizens' council, and the defendant A is the apartment resident.

Defendant

A, along with D and F, sought at around 10:0 on April 10, 2014, at the management office of the E Apartment.

At that time, in a situation where the employees of the management office are working for a number of persons, D told that D would go to the management office at the management office, and the F would be a "person with a mental disorder...... is the human life end end group.. human beings are men.. men are men. bottled, and the G would not desire to go to F," and Defendant A made a patent insultd the victim of G by stating that "I would see whether I would see that "I will see that I will do so separately or sababababab" separately.

Summary of Evidence

1. Defendant's legal statement;

1. The term “influence” referred to in the crime of insult of a witness G’s testimony issues refers to the expression of an abstract judgment or a satisfic appraisal that may undermine the people’s social assessment without revealing the facts.

In view of the fact that the Defendant’s statement of facts constituting an insulting expression made by the Defendant, namely, the process in which the Defendant made the statement of facts constituting a crime, namely, D or F’s speech to criticize the victim in a broad management office, and in particular, F constituted an insulting expression made by the victim and the victim was an insulting expression, it is reasonable to view that the Defendant’s statement of facts constituting an insulting expression made by F pursuant to the context, such as the statement of facts constituting a crime, is difficult to deem that the Defendant had an intent to inquire as to the victim at the time, and that the Defendant had an intent to insult the victim. Furthermore, it is reasonable to deem that the Defendant had an intent to insult the victim.

Application of Statutes

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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