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(영문) 서울동부지방법원 2020.02.19 2019고정747
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 4, 2019, at around 01:05, the Defendant openly insultingd the victim, such as “spawn, spawn,” and “spawn,” while under the influence of alcohol, the Defendant was under the influence of the victim D who spawned a spawn to check whether the Defendant’s spawn spawn spawned,” and “the bitchhn spawn to bitch bitch.”

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Written statements of D;

1. A investigation report (CCTV image analysis);

1. Video CDs produced by the complainant;

1. The defendant and his defense counsel stated the facts constituting the crime in the judgment of the defendant, but the victim sent a room far away from the floor to the defendant, and then failed to move about about 10 minutes against the defendant under the influence of alcohol. "I wish to bring about a room to the police station as to why it belongs to, why it is, why it is, why it is, why it is, why it is, what it is, why it is, why it is, why it is, why it is a police officer, why it is impossible to properly post, and why it is, why it is.

Inasmuch as the Defendant’s speech, etc. repeatedly and repeatedly took place, and again took the Defendant’s attack, it is argued that the Defendant’s speech cannot be deemed a patent insulting the victim, and the intent of insult at the time is not recognized, and constitutes a justifiable act that does not go against social norms.

However, according to the above evidence, it is recognized that the defendant had expressed his desire to commit the crime against the victim at a large interest in the surrounding circumstances, and in light of the background of the occurrence of the case, the circumstances before and after the case, and the method of committing the crime, etc., the intention of insult shall also be inferred. The circumstance of the defendant's assertion is not contrary to the social rules.

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