(영문) 대구지방법원 2017.11.16 2017고정955

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줄 간격

자간(%)

(영문) 대구지방법원 2017.11.16 2017고정955

모욕

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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 March 22, 2017, around 13:00, the Defendant was only a poor resident in the street before the management office of the Daegu Suwon-gu Office of Manion, Daegu-gu, the Defendant: (a) based on the facts that the victim D did not receive personnel after personnel management for the Defendant; (b) whether the victim was “the subject to personnel management to which he she saw.”

The victim openly insultingd the victim by referring to a large sound as “this mound.”

Summary of Evidence

1. Each legal statement of witness D and E;

1. Complaint;

1. CCTV video recording CDs (the defendant and his defense counsel did not make a statement, ① the defendant did not make a statement as to the facts constituting a crime, ② even if such a statement was made.

Even if the expression of decentralization on the situation at the time does not constitute an expression that may undermine the external reputation of the victim, and the victim asserts that there is no person to perform his or her bath other than the defendant and the victim.

In light of the evidence duly adopted and examined by this Court, the Defendant committed an insulting act, which is likely to undermine the victim’s evaluation of the personal value by taking into account the following: (i) the Defendant’s statement and the circumstances before and after the Defendant’s statement; and (ii) the relationship between the Defendant and the victim, etc.; and (ii) the Defendant’s statement and the victim’s statement were taken into account; and (iii) the Defendant made an insulting act that is likely to undermine the victim’s evaluation of the personal value.

It can be seen that this is not simply a degree of expressing the decentralization of the situation. ③ The “public performance” in the offense of insult refers to a situation in which many and unspecified persons can be recognized. If a insulting speech is made in a situation in which an unspecified number of people can be recognized, even if there is no person accurately at the time, it does not interfere with the establishment of the offense of insult, and this court duly adopted and investigated by the evidence.

유사 판례

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