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(영문) 의정부지방법원 2018.03.27 2017고정2010
모욕
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that at the C church around 10:00 on June 5, 2016 around 10:0, the victim D is a violent crime against the defendant.

In other words, the victim sexually insultingd the victim by saying, “I must do so, to be bound by the law” to the victim.

2. Determination:

A. The offense of insult under Article 311 of the Criminal Act is an offense that protects an external reputation, which means a social evaluation of the value of a person, and refers to an offense of insult as defined in the offense of insult, which does not indicate a fact but expresses an abstract judgment or sacrific sentiment that may undermine a person’s social assessment.

Therefore, if any expression is not likely to undermine the social evaluation of the other party’s personal value, even if such expression was expressed in a somewhat unusual manner, it cannot be deemed as constituting the elements of the offense of insult.

B. Facts acknowledged by evidence 1) D is a person supporting F, who is the existing pastor of the C church in the Guluri City E.

The Defendant is a person who is in dispute with D, as a member of “G” opposing F pastors.

2) On June 5, 2016, the Defendant, along with members of “G” around 10:00, intended to enter the C church to see a tugboat.

Along with many people who support F pastors, who were in front of the C church;

D Do has prevented the Defendant from entering the police station, and "whether the Defendant had been convicted of the police station or not";

must report.

“The term “assumed” means a large sound.

However, at the time, the Defendant was not a criminal suspect assigned to the police (D, as seen above, was punished by a fine of KRW 500,000,000,000,000,000,000,000,000,000,000,000) due to the criminal facts that defame the Defendant’s reputation by openly expressing false facts). 3) In the process of displaying a boom, the Defendant “A” as described in the facts charged.

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