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(영문) 대전지방법원 2014.11.06 2014고정882
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 23:20 on December 30, 2013, the Defendant: (a) under the influence of alcohol at the D main points located in Daejeon Dong-gu, Daejeon; (b) received a report on physical fighting with E, F, G, etc.; and (c) made a public insult of the victim’s victim I slope, a police officer belonging to the Daejeon Dong-gu, Daejeon Police Station H District, Daejeon Police Station, for the victim’s slope, who is a police officer belonging to the Daejeon Police Station; and (d) made a bitch of a bitch bitch; and (e) made a public bit of a bitch bitch.”

2. On December 30, 2013, the Defendant publicly insultingd the victim on the part of the H District District located in the Daejeon-guJ on December 30, 2013, while the number of police officers and the family members of the Defendant, who found the Defendant, are heard, the victim’s “it is discovered whether or not they viewed the disease,” and if the evidence is not on site, it is found that he can be stimulated. Chewing, and is not a bitch of the police bitch.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Application of the Acts and subordinate statutes to accusation forms, CCTV video data CDs (Investigative Records No. 16 pages);

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant merely expressed a motive for ordinary use against the police’s biased investigation. Thus, it is difficult to view the victim’s personal value as an insulting speech that could undermine the social assessment of the victim’s personal value, and considering the circumstances, it constitutes a justifiable act that does not go against the social norms.

2. According to the CCTV video data CD in this case, the Defendant repeatedly expressed the intent, such as “gring”, “Chewing”, and “the same bitch bitch bitch,” while avoiding the police officer’s legitimate answer to the question over several hundreds. In particular, the victim is the victim.

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