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(영문) 청주지방법원 제천지원 2015.12.24 2015고단563
모욕
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a doctor who moves into the 6th floor of the “C” building in Incheon City and engages in medical services, and the victim E (the age of 66) is a medical corporation, the president of the F Hospital, who is awarded the said building by auction.

At around September 19, 2015, the Defendant told the victim of the previous accusation case, which had been probly closed in front of the above building, and had been rejected by the victim. However, as the Defendant was rejected by the victim, the Defendant publicly insultingd the victim by emphasizing that “I am well about how you can see. I am well? I am you must receive and deliver to the Defendant. I am well how you can see. I am am if you want to do so. I am am. I am. I am am. I am. I am. I am. I am. at any time. I am. I am. I am. I am.) at any time, I am.”

Summary of Evidence

1. The testimony of the defendant 1.E, M and N on the part of the court testimony of the defendant (the above witness has consistently testified as to "the fact that the defendant made a statement as to the facts constituting an offense against the victim". The above witness's testimony is specific and factual, the contents of each testimony of the above witness correspond to each other, and the above witness's attitude of testimony is recognized as credibility in light of the above witness's testimony.

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed the instant crime against the same victim while being tried at an appellate court due to the same criminal facts, such as defamation and insult against the same victim. The circumstances favorable to the Defendant that the Defendant appears to have committed the instant crime by contingency are the circumstances favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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