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(영문) 대전지방법원 천안지원 2013.11.07 2013고정717
모욕
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 16:10 on March 29, 2013, the defendant, among 50 male and female residents in Asan-si C Apartment 123 dong 1-2 dong 123 dong apartment, the defendant insultingd the victim by 'D', "a mental disorderd person is living in Korea,' and 'the victim D has been living in Korea' at the same place at around 17:20 on the same day, and 'the year has passed', 'E', and 'E was not farced, and 'Is the victim was not farced,' and 'Is the victim was not farced,' and 'Is the victim was farced.'

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. The application of Acts and subordinate statutes to tape-recordings and investigative reports (record conversationss for victims);

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant made a determination on the Defendant’s assertion in the instant elevator: (i) the Defendant had a dispute with the victim within the said elevator, but only the two persons were present at the time of the occurrence of the dispute; and (ii) there was no fact at the time of the third party’s occurrence; and (iii) the Defendant made an expression

Even if there is no performance, and ② outside, it is argued that there is no fact that the victim was called "unfriendly" by turning the victim to E.

According to the results of this court’s CD (CCTV video) verification, it can be seen that the Defendant seems to stop a speech, such as talking with the victim while the Defendant is suffering from the victim at the above time and at the above location, and one male, a woman with a stock farm, and a man, a man, a man, and a man, a man, a man, looking at the direction of the elevator door by returning his body, and the Defendant, a telephone conversation, etc.

However, it is difficult to find out which conversation among them was made because the above video is not recorded.

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