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(영문) 대구지방법원 2017.09.15 2016고정1768
모욕등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the apartment tenant of the "D" apartment, and the victim E is the managing complaint of the above apartment, and the defendant was dissatisfied with the successful bid in F by publishing an open competitive bid for the boiler customs and repair work of the above apartment through the apartment house management system without going through the Dong representative meeting of the apartment house.

1. In the case where three apartment security guards, etc. are heard from the management office of D apartment apartment located in Daegu Northern-gu G on August 17, 2015, the Defendant insultd the Defendant “whether the Defendant publicly announced the bid for the said construction work with the mind of the warden”;

The victim openly insultingd the victim by referring to this argue and argue frienda.

2. In spite of the fact that the victim was in collusion with the F in an open competitive bid, the Defendant stated that “In spite of the fact at the same time and at the same place as the above paragraph 1, three apartment security guards, including apartment security guards, they would have made a fake bid with the Defendant for the purpose of damaging the quality of selling0 million won.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Part of the witness I's legal statement;

1. The application of a recording book, a paper of promotion of affairs of boiler customs works, a contract for construction works, a standard contract for private construction works, and the statutes governing the second bidding process for boiler customs works;

1. Relevant Article 311 of the Criminal Act, Article 307(2) of the Criminal Act (the point of insult), and the choice of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's summary of the argument is acknowledged as constituting the crime of Paragraph 1 of the judgment, but the judgment is made.

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