(영문) 대전지방법원 2014.12.08 2014고단3635

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(영문) 대전지방법원 2014.12.08 2014고단3635

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

The defendant is between the victim C and the family.

1. On February 7, 2014, the Defendant publicly insultingd the victim on the part of the victim, who was drinking together with the victim C at the E-cafeteria located in Seosung-gu Daejeon Daejeon Seo-gu, Seosung-gu, Seosung-gu, by saying, “I have no choice but to change once.”

2. On February 19, 2014, the Defendant publicly insultingd the victim on the part of the H restaurant located in Seosung-gu Daejeon, Seosung-gu, Daejeon, by saying, while drinking alcohol with the victim C, I, who is the seat of the victim, I would like to see the victim and “I would know that I would not know that I would like to stast a year.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. F's factual confirmation;

1. Determination as to the defense counsel’s assertion of investigation report

1. Where a crime of insult is established, a public performance needs to be established. In this case, the defendant, who is a relative with the victim, merely ices in a condition that he is living together with the victim and thus there is no possibility of spreading such crime

As a result, it argues that performance is not recognized.

However, according to the evidence submitted by the prosecutor, when the defendant makes each statement as stated in its reasoning, it is recognized that the defendant has a joint statement of the victim other than the defendant and the victim's friendship, and that the defendant's statement of insulting the victim is a restaurant and a door-line where other people can hear it. In full view of such circumstances, the performance of the defendant's statement at the time of insulting the victim is recognized. Thus, the defense counsel's assertion is not accepted.

2. The phrase “the defendant must not know about it to the victim.” The defendant’s defense counsel cannot be deemed an insulting expression in light of the fact that the victim and the defendant have a friendship-related party, etc., while under the influence of alcohol.

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