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(영문) 수원지방법원 평택지원 2013.10.31 2013고정468
모욕
Text

A defendant shall be punished by a fine of 400,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 11, 2013, the Defendant: (a) requested the Defendant to return home at the Pyeongtaek-si Sho-dong 846, Pyeongtaek-dong 14:20, the Defendant publicly insultingd the victim by “the victim D, who is the damage of Pyeongtaek-si 846, who is the damage of Pyeongtaek-dong 846,” and then, deemed the victim as seen earlier, the Defendant read the victim as “the string, the string, the string, the string, and the string. The string, the string, the string, and the string.”

Summary of Evidence

1. Part of the defendant's statement in court (the part of the statement that the defendant's bathing to the victim is appropriate);

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A written statement of E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the defendant's statement of intent to make a statement is consistent, but the defendant's statement to the chief secretary would not be a crime since the victim expressed his/her desire to do so.

2. The offense of insult as referred to in the crime of insult is not a statement of fact but an abstract judgment or a sacrific sentiment that may undermine the social assessment of a person. According to the evidence of this case, the Defendant: (a) acknowledged that the Defendant: (b) stated the victim that “the son was absent, sacrineed, sacrated, and sacrated.” (c) the Defendant’s expression cannot be deemed as an expression of the victim’s abstract judgment or sacrific sentiment that could undermine the social assessment; and (b) therefore, the Defendant’s expression cannot be deemed as an insult against the victim.

Next, the defendant's assertion of defense counsel is based on the social norms of Article 20 of the Criminal Code, such as the facts charged by the defendant.

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