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(영문) 서울동부지방법원 2017.11.14 2017고정1051
모욕
Text

The defendant shall be innocent.

Reasons

1. On February 27, 2017, the Defendant: (a) around 14:46, on the back side of Seongdong-gu Seoul Metropolitan Government, brought a warning to the victim D (52 years of age) who was walking at the front side while driving a vehicle urgently in order to have the children scheduled for hospital treatment aboard the back seat and faced with the time for medical treatment; (b) on the ground that the victim made a warning to the victim D (52 years of age) who was walking at the front side while driving the vehicle, but the victim resisted that the light sound was so so so so high that the victim might not have done so, and that the horn might not turn off illegally, and that he cannot know the horn’s name on the ground that he did not turn on the road, two Kwikset Service engineers, Defendant’s leakage and son et al.

The victim publicly insultingd the victim by “......”

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the evidence to prove the Defendant’s guilty is insufficient.

I would like to say.

(1) The offense of insult is required, and the Defendant’s abusive theory was conducted under the condition that it can be recognizable to an unspecified or many unspecified persons.

There is no evidence that can be seen.

In fact, there is no evidence as to whether Kwikset service articles, Defendant's leakage, and Plaintiff's desire were the Defendant.

(2) On the other hand, in addition to the instant case, the victim has a record of 44 times or more at an investigative agency as a victim of assault and insult, and has a record of reporting as a victim of a traffic accident several times.

In this case, despite the statement that there is an emergency patient, the victim prevented the defendant's vehicle and interfered with the progress of the case. There is also a circumstance that is suspected of being a person who is willing to receive the agreed amount by inducing a criminal act.

In fact, the victim stated in the investigative agency and this court that the victim can reach an agreement only when receiving the agreed amount from the defendant.

(3) The performance of the defendant's bath is recognized.

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