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Reasons
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(영문) 대전지방법원 홍성지원 2017.10.19 2017고정155
모욕
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 24, 2016, the Defendant found the victim D (43 tax) at the entrance of the Dawa-gun, Hongsung-gun on September 13:10, 2016, where it was not good to ordinary people, and the Defendant would not open to the victim while married guests, such as E and F, hear.

The victim publicly insultingd the victim by referring to “”, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the witness D;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. On September 24, 2016, the Defendant: (a) at the entrance of the Cweves located in Chungcheongnam-gun Hong-gun, Hongsung-gun on September 13:10, 2016, the Defendant made a verbal dispute with the victim D (43 h) that was not good to ordinary people; (b) and (c) assaulted the victim’s back less than the back.

2. Evidence that conforms to the facts charged of the instant assault is sufficient to have the victim’s statement.

The victim and the defendant did not know about the mutual evaluation of the victim and the defendant, and the defendant first filed a complaint against the victim, which led the victim to the crime of injury, etc.

The prosecutor shall not recognize the crime of injury even though the written diagnosis of injury was submitted.

In lieu of reporting, it was prosecuted as an assault crime.

For this reason, it is difficult to believe the victim's assertion as it is. E did not make a witness E who directly observed the process of the victim's vagabonds, "the defendant was less than the back of the victim," and there was no physical fighting between two witnesses and other witnesses.

was stated.

In light of the various circumstances shown in the records of this case and the trial process, it was proven without doubt that the defendant assaulted the victim.

shall not be deemed to exist.

Thus, the facts charged of the instant assault are without proof of crime.

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