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(영문) 부산지방법원 서부지원 2021.02.17 2020고정117
모욕
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 30, 2019, at the front of the “C cafeteria” way located in the Busan Shodong-gu, Busan around 20:38, the Defendant: (a) expressed the victim D (Inn, 63 years of age) E and the Defendant’s fighting; and (b) expressed the victim’s fighting in the face of E and pedago; (c) the Defendant’s “Is the victim’s fighting in the same bit of bitch, son, niba, bit.”

Nice made a public insult of the victim by referring to a large sound, which is called the "Chewing relationship".

Summary of Evidence

1. Each police statement protocol on the witness D, witness E, each legal statement D, and each police statement on E [the defendant asserts that the victim did not have any desire for the victim.

However, the victim's statements are specifically and consistently made from the investigative agency to this court, and in light of the content and attitude of the legal statement, etc., the victim's statements are not deemed to have been involved in the above statements. Therefore, the victim's credibility is recognized.

The contents of witness E's statements also conform to the above statements of the victim.

Therefore, according to each evidence stated in the judgment, the defendant's assertion is not acceptable, since it is sufficiently recognized that the defendant took a bath as stated in the facts charged in this case.

Application of Statutes

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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