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(영문) 의정부지방법원 고양지원 2016.11.18 2016고정191
모욕
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. Around September 11, 2015, the Defendant: (a) provided consultation with the victim E in the second floor of the D Hospital located in Gyeonggi-si, Gyeonggi-si; (b) provided a traffic accident compensation-related consultation with the victim; (c) provided the victim with a verbal dispute; and (d) expressed the victim’s desire to “I see whether I am unable to see, I am unable to do so; and (d) I am am kis?” before other patients, such as F, to publicly insult the victim.

2. Determination

A. According to the evidence duly adopted by this court and completed the examination of evidence, the victim, in relation to the extension of the hospitalization period of G, consulted with the Defendant, an insurance company employee, and the victim, at the time, reported to the police by the Defendant and the victim, and received a summary order of KRW 1 million due to the occurrence of a dispute between the Defendant and the victim’s insult.

B. Meanwhile, among the evidence mentioned earlier, there is a victim’s statement and legal testimony, and H’s testimony that the victim was present on the day of the instant case.

1) However, the testimony of H is difficult to be reliable in the following sense. ① At the time of the first testimony (the third trial date), H testified the victim who was hospitalized in the hospital at the time of the first testimony (the third trial date) first testified at the D Hospital’s resting room in order to drink the coffee and to witness the crime. However, H performed an operation with the scarcity, etc., from August 13, 2015 to September 9, 2015, and was hospitalized in D Hospital from September 14, 2015 to October 8, 2015, and was not hospitalized on the date of the instant crime. ② At the time of the first testimony, H testified testified the victim who was hospitalized in the hospital at the time of the first testimony, and testified at the time of the first testimony, the victim was hospitalized at the time of the police investigation conducted on suspicion of insult against the Defendant, and expressed the victim’s phone number at the time of the first trial date in the name of H as the mobile phone number of No. 2 (the fourth). 2).

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