(영문) 서울중앙지방법원 2018.10.17 2017고정3176

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(영문) 서울중앙지방법원 2018.10.17 2017고정3176

모욕

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On June 29, 2017, the Defendant publicly insultingd the victim B by using approximately 10 minutes of “Chewing years, year,” etc. to the victim B, without any reason, among the multiple passengers inside the electric rolling stock of 190-ray engine displacement 7 in the Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, Seoul, with approximately 18:25, the Defendant used a large sound for approximately 10 minutes.

2. Determination

A. The evidence of the charged facts of this case is only the victim B’s investigative agency and court’s statement, and it is difficult to believe it as it is in light of the following circumstances.

1) The statement made by the victim, in accordance with the facts charged, in the investigation agency and the court, the victim got aboard the subway, and the defendant started to come up with the side of the victim who was seated in the seat of the elderly and the elderly. From the time of boarding the subway, the victim expressed to the effect that he was able to take a bath for about 10 minutes, such as "Chewing years" and "years", and that he was able to take a call with his father while doing so.

② Also, the victim made a statement to the effect that “the victim first saw that he was able to talk with his her son while talking with his son,” and that “the victim expressed his desire to do so to his son and his son, and her son and son was able to do so while talking with his son and her son and son.”

2) The absence of the motive of the instant case ① However, there is no reasonable circumstance for the Defendant to be able to reasonably informed of the motive of the Defendant’s desire for the victim.

According to the victim's statement in court, it is not a fact that the defendant caused the defendant to sit in the seat of the elderly and the elderly.

Rather, it is difficult to easily understand that the Defendant, along with the money that the Defendant was seated on the part of the victim of the passenger who was aboard the subway, would take a bath to the victim without any reason.

2. In addition, the victim is aware of the defendant in the investigative agency and the court.

유사 판례

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