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(영문) 의정부지방법원 2016.06.02 2015고정2320
모욕
Text

Defendant

A and C shall be punished by a fine of KRW 500,000.

The above Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A and C, around 17:00 on September 22, 2014, in the place where the Fcellp Drier Park, Inc., incurred the victim G, and H, I, J, K, etc., intended to store containers in order to use them as the office of L redevelopment promotion committee, and Defendant A went back to the victim before the rest of the Republic of Korea.

In addition, the desire to see the conclusion of the judgment, and Defendant C together with this, “I am able to drink and drink to those who are married with his or her father,” and “I am able to give him or her a baby;

In addition, the victim openly insultd the victim by referring to “the expression”.

Summary of Evidence

1. Each legal statement of witness G, H, I, and M (excluding part of the I's statement that he/she participated in G);

1. Application of Acts and subordinate statutes governing recording records;

1. Article 311 of the Criminal Act and the choice of a sentence against the crime A and C: The provision of Article 311 of the Criminal Act and the choice of a fine;

1. Defendant A and C to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Determination as to the assertion by the Defendant A, C, and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendants did not take the same bath as the statement of facts constituting the crime, and there is only the Defendants and the victims on the spot, so there is no possibility that they may be disseminated to third parties. Even if the Defendants fall under the elements for the establishment of the offense of insult, the Defendants are dismissed inasmuch as they merely reflect the victim’s speech, and thus do not violate social norms.

2. We examine the following circumstances acknowledged by the aforementioned evidence, namely, ① Defendant A operates the Fcellp, and the victim, who is in the vicinity of the Fcellppp, tried to install a container to use the container as an office of the commission in the Fcellpp site as the chairperson of the committee for the promotion of LA as the chairperson of the committee for the promotion of the development of the Fcellpp site. Defendant A and the victim are in conflict of opinion regarding the installation of the container before the instant case.

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