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(영문) 대구지방법원 2020.01.22 2019고정1013
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a resident of Daegu Jung-gu apartment complex B, and the victim C was the head of the management office of the above apartment, and was retired on February 11, 2019.

On April 3, 2018, the Defendant: (a) found a management office since the Defendant’s vehicle parked in the above apartment parking lot was flicked; and (b) demanded the victim to display CCTV in the parking lot; (c) but (d) rejected the victim’s complaint as the victim could not display it at will in accordance with the Personal Information Protection Act.

On October 25, 2018, at around 19:00 on October 25, 2018, the Defendant publicly insultingd the victim, who did not show CCTV in the location where the representative of occupants D, occupants E, F, G, etc. was located, by openly citing that “this gue is any frien, where the gue is, and E, E, E, E, E, F, G, etc.”

Summary of Evidence

1. Of the Defendant’s legal statement, the part that “as described in the facts as indicated in the judgment at the time and at the time and place of the market, slandered the victim”

1. Seizure records and recorded data CDs (the voice files made on October 2018);

1. Application of the Act to the “written application for attending regular meetings of the council of occupants’ representatives” attached to the police investigation report

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 300,000 won is to be imposed on the defendant; however, after the end of October of the council of occupants' representatives, the council of occupants' representatives makes it clear that the president of the council of occupants' representatives and the representatives of each Dong have presented the method of performing duties and undergo the process of demanding the preparation of countermeasures against the director of the management office and the representative of each Dong; there is little previous punishment history; 50 residents of the apartment in the judgment; 50 residents of the apartment in the judgment; the process of conflict with the complainants; and the defendant's age and various sentencing factors indicated in the records and the trial of this case

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