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(영문) 대전지방법원 2018.12.18 2018고정530
모욕
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On January 1, 2017, the Defendant had a usual complaint against the victim C elected as the chairperson of the representative council of occupants of the above apartment house from March 2017.

On October 17, 2017, the Defendant expressed his/her opinion that the injured party would not conclude the contract again with the above D, E while discussing “the matters concerning the re-contract with the Management Director D and the Guard E” at the meeting room for the representative of the occupant of the above apartment building, and on October 8, 2017, the Defendant expressed his/her opinion that the injured party would not conclude the contract again with the above D, E. As if he/she was in connection with the death of a private person, the apartment guard F is an officer of the resident representative meeting, G, and H, who is an officer of the resident representative meeting, as if he/she was related to the death of the above F, and as he/she was heard by the victim, he/she is a large sound to the victim.

“Publicly insulting the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. The respective legal statements of C and H;

1. Some legal statements of I and J;

1. Investigation Report (P, H, and I) / Each telephone investigation with respect to the Defendant’s speech is asserted to the effect that there is no statement written in the facts charged, and the Defendant’s statement does not go against social norms. However, in full view of the above evidence, it can be sufficiently recognized that the Defendant made the statement as stated in the facts charged, and even if there are circumstances that may be taken into account by the Defendant and the defense counsel in relation

In full view of the relationship between the Defendant and the victim by the evidence duly adopted and examined by this court, the degree of the victim’s expression, the testimony of the Defendant satisfed by the victim at the meeting room, the intent of the Defendant satisfying, etc., the Defendant’s speech constitutes an expression of an abstract judgment or satisfyuous sentiment that may undermine the social assessment of the victim, and the motive or purpose of the act, reasonableness of the means, balance of legal interests, urgency, etc.

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