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(영문) 수원지방법원 2013.07.04 2013고정978
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:50 on November 20, 2012, the Defendant openly insultd the victim by saying, “The Do District Guard E, the victim of the D Zone E, who voluntarily accompanied the Defendant in relation to the case that the Defendant insulting B, arrived at the district group, and during compliance with B and police officers, he/she should die of the son,” who is the victim. He/she is able to do so. He/she is able to do so. He/she is able to do so by communicating with the broadcasting station.” In response to the broadcast station, the Defendant openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements of B and E;

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

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged, around November 20, 2012, the Defendant made a public insult of the victim on the ground that the victim B remains diving in a park, a public use facility, at the Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, 349, on the ground that the victim B was locked, and the victim moved to another place and drive away the victim, and two women in an infinite name are heard by the victim. The Defendant made a public insult of the victim by saying, “I see. Does?????????????????????????????????????????’”

2. The above facts charged are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. According to the statement of withdrawal of a complaint filed in the records of public trial, the victim B may recognize the fact that the complaint was withdrawn against the defendant on June 26, 2013, which is after the institution of the prosecution of this case. Thus, the prosecution against insult of the victim B among the facts charged of this case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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