logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.06.28 2018고정28
모욕
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On March 8, 2017, at around 21:45, the Defendant, at the “EPC room” operated by the victim D in Kimhae-si, Kim Jong-si, a dispute over the issue of payment of a fee with the victim, was brought about, and the Defendant made a public insult of the victim by speaking as “the same bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch

2. According to the records, when the Defendant paid the fee for the use of the PC at around March 8, 2017 to the victim in the PC room, the Defendant was found to have been sentenced to a fine of KRW 700,000 on December 21, 2017 by the Changwon District Court on December 21, 2017, on the ground that the victim was placed in the front of the knter, and the victim was found to have been placed in the front of the knter because the knife was turned back twice due to the knife, the knife of the victim was taken into the knife, the knife was taken into the knife of the victim, and the victim was pushed into the part of the knife, taken into the part of the victim’s left part of the toilet passage, and the judgment was finalized on December 21, 2017.

Article 326 subparag. 1 of the Criminal Procedure Act provides that "when a final and conclusive judgment has been rendered," grounds for acquittal. Thus, where public prosecution has been instituted against the same case with respect to which a final and conclusive judgment has been rendered, a acquittal shall be pronounced by judgment.

The identity of the facts charged or the facts charged here is based on the defendant's act and the social facts, and its normative elements should also be considered (see Supreme Court Decision 93Do2080 delivered on March 22, 1994). However, according to the above facts acknowledged, the crime of assault and the facts charged of the insult of this case, which became final and conclusive, are the same as the place of the crime, and the date and time of the crime are almost the same. Since it is clear that a series of delegation from the Si expense of the defendant and the victim has been made clear, the facts are the same even if considering the normative elements.

arrow