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(영문) 수원지방법원 2014.03.26 2013고정2586
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

The Defendant is the lessee of the “Dnong” in Suwon-si C2, and the victim E (the age of 57) is the person who is in office and uses the remainder, excluding the room, among the singing rooms, from the Defendant.

At around March 23, 2013, the Defendant demanded the victim to singing the instant singing. However, the Defendant was a woman with the victim’s liveer F, police officer of the Suwon Police Station, two police officers of the Suwon Police Station, and many and unspecified people, who called the victim “sing the victim’s singing out in the orchard.” The Defendant made a public insult of the victim by speaking the victim as the victim’s “sing out-of-sing out-of-sing-sing-sing-sing-sing-sing-sing-sing-sar.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes to investigation reports (Submission of recorded materials by a complainant);

1. Relevant Article 311 of the Criminal Act and Selection of Punishment for the Crime. Article 311 (Selection of Fine)

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that it is difficult to recognize the public performance merely because there were two police officers other than the victim's live-in person F and his identity, who cannot be viewed as having a possibility of spreading the victim's identity and identity,

In the crime of insult, performance refers to a state in which many, unspecified or unspecified persons can be recognized. Thus, even if the facts are distributed to one person individually, if there is a possibility of spreading them to many, unspecified or unspecified persons, the requirements of performance are satisfied.

I would like to say.

According to the evidence examined above, not only the victim but also the victim at the site of this case, the victim was reported by F and the victim, and there were several elderly persons who were satisfed with the defendant, as well as two police officers dispatched.

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