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(영문) 의정부지방법원 2017.10.19 2017고정1311
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On February 8, 2017, the Defendant: (a) on the ground that the government viewing staff, D residents’ center staff, and the victim E, the head of the Dong, from among the users of the D community service center in front of the D community service center located in Gyeonggi-si on February 10:0, 2017, the Defendant was unable to visit the government market in favor of the victim E, the head of the Dong, who was the head of the Dong, for the reason that “The head of the Gu, who was the head of the Gu, was, for the reason that there was a low gue, for the head of the Gu, who was ill, f

“Publicly insulting the victim,” thereby insulting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Complaint;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserted that the defense of a political party under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order constitutes the defense of a political party because they were sent by the victim at the time of the instant case at the wind to put the defendant at the right time and make the same remarks as the facts charged in order to resist this.

However, there is no evidence to prove that the injured party has committed an unjust infringement on the legal interests of the accused.

B. In addition, it is difficult for a defendant to regard the content of the victim's speech as a content of a claim against unjust infringement of his legal interest, and in light of the surrounding circumstances at the time and the defendant's attitude of speaking, etc., it is difficult to see that the defendant's act is reasonable in the means and method in light of social norms, and it was an urgent and inevitable means.

As such, it cannot be seen that it constitutes a justifiable act that does not violate the political party defense or social norms.

Therefore, the defendant and his defense counsel cannot be accepted.

The reason for sentencing lies in the defendant's attitude to reflect on the act itself, and the crime of this case is committed.

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