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(영문) 대구지방법원 2013.08.28 2013고정1835
모욕
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On April 13, 2013, the Defendant comments on the victim D’s cell phone from the foregoing year from the above point of time, such as: (a) the Defendant’s comments on “Isson who could not resolve Isson?” in his photograph that Isson’s cell phone connected to the victim D’s Kakaotooto, and that Isson’s cell phone.”

5. From 19.02:09 to 02:09, the victim publicly insultingd the victim as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of the Acts and subordinate statutes concerning the data blocking the insulting language;

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning the crimes;

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

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

1. The defendant asserts that there was a state of mental disability due to intellectual disorder at the time of committing the instant crime, etc., as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.

The record reveals that the Defendant was in a state of intellectual disability at the time of committing the instant crime, but in light of the motive and background of the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc., it does not seem that the Defendant lacks the ability to discern things or make decisions.

Therefore, the defendant's above assertion is not accepted.

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