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(영문) 서울남부지방법원 2018.07.04 2018고정349
모욕
Text

Defendant

B and C shall be punished by a fine of KRW 300,000.

Defendant

B and C fail to pay the above fine, respectively.

Reasons

Punishment of the crime

The victim D is the chairperson of the committee for the establishment of the E Housing Reconstruction Improvement Project Association, and the victim F is the person who helps the victim D and implements the above project, and the defendant B and C are the persons who oppose the establishment of the above association.

Defendant

B, around 13:00 on April 13, 2017, the C sought at the above promotion committee office located in Seoul G and the second floor, and the Defendant C took a sound as the “activity,” and pushed the victim F, Defendant B was called “D”, and Defendant B interfered with the establishment of the above association by force by avoiding disturbance over about 30 minutes.

Summary of Evidence

1. Each legal statement of the defendant B and C (the second public trial date);

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes to investigation reports (related to cd analysis of images that interfere with business);

1. Relevant Article 314 (1) of the Criminal Act concerning the facts constituting a crime

1. Defendants B and C of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant B and C: Selection of a fine for negligence;

1. Defendant B, and C: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B and C: The portion not guilty under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged is the victim D is the chairperson of the committee for promotion of the reconstruction of E housing, and the victim F is the victim D, and the victim F is the person promoting the above project, and the defendants are the persons opposing the establishment of the above association.

Defendant

A, around 20:00 on August 20, 2017, around 20:0, around 20:00, around 200 in Guro-gu Seoul Metropolitan Government H, the victims were openly insultingd by dividing the printed matter with the content of “D: F’s frontness of fraud” into approximately 20 local residents, thereby openly insulting the victim D and the victim F. Defendant B and C around 21:00, around August 21, 2017.

2. The assertion and judgment

A. The Defendants’ assertion D and F publicize false facts to the owners of real estate in the business area.

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