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(영문) 춘천지방법원 2014.02.11 2013고정447
모욕
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

At around 15:00 on November 6, 2012, the Defendant received a demand from the victim D (the age of 45) to allow the Defendant to enter the awarded house by auction, and the Defendant publicly insultingd the victim by saying, “I am dynasium, I am dynasium, I dynasium, I dynasium, I dynasium, I dynasium, I dynasium, I dynasium, I dynasium, I dynasium, I dynasium from time I dynasium, I dynasium, I dynasium, and I dynasium.”

Summary of Evidence

1. Witnesses D and E respective legal statements;

1. Part of the police interrogation protocol of the defendant

1. Part of each police statement of D and E;

1. Determination of the defendant and his/her defense counsel's assertion

1. The defendant and his defense counsel at the point of the argument in this case asserted that the prosecution of this case is unlawful since the victim was filed more than six months after the date of the crime of this case, even though the victim had expressed an desire to do so at the time of this case for a dump dump during the defendant's desire to do so, the victim's sexual organ was not dried, and it did not meet the requirements of performance.

2. Determination

A. The offense of insult as to whether a person satisfies the requirements for insult and performance is an expression of an abstract judgment or sacrific sentiment that could undermine a person’s social assessment without a statement of facts, and includes cases where (a) the act of insult is deemed to be a imprudente, death, or a imprudente (see, e.g., Supreme Court Decision 90Do873, Sept. 25, 1990); and (b) “patent” as provided in Article 311 of the Criminal Act refers to a state in which an unspecified or multiple persons may directly recognize; and (c) it is sufficient that an insulting act may be recognized by many and unspecified persons.

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