(영문) 서울중앙지방법원 2019.02.18 2018고정2402

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(영문) 서울중앙지방법원 2019.02.18 2018고정2402

모욕

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person supporting C, who is a teacher of B school, as a member of B school.

On March 25, 2018, around 08:45, the Defendant expressed the victim E (the 66 years of age and South) “E” on the ground that the victim E (the 66 years of age and South) was the opposite son who did not support C pastors, and expressed the victim “Ma” “Ma,” “Ise,” “Ise,” “Ise,” “Ise,” and made a public insult before the police officer’s 20 persons, who were the members of Bents, of approximately 10 persons who were the members of Bents, and of the 20 police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes governing video activities;

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

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

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order [The defendant and his defense counsel did not have an intention of insult. However, according to the above evidences, the defendant and the victim were in conflict with each other in a dispute that occurred at the time of the instant case, and the defendant made a statement identical to the facts charged while discussing the victim's academic background, etc. at the time of the instant case. In light of the relationship between the defendant and the victim known by the above facts, the circumstance of the occurrence of the instant case, and the contents of the statement, etc., it is reasonable to view that the defendant sufficiently perceived that the victim's social evaluation would be lowered through the statement of the facts charged in the instant case]

1. On March 25, 2018, around 08:45, the Defendant expressed that the victim E (six-six years of age and South) was a son who was going to the second floor of the Bridge in Gangnam-gu Seoul, Gangnam-gu, Seoul, and publicly insultd the Defendant on the ground that the victim E (six-six years of age and South) was a son who did not support C pastors, and that he was a 100 student of Bridges and 20 police officers.

2. According to the records, the Defendant and the victim each other at the time of the instant case.

참조조문

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