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(영문) 부산지방법원 2016.12.08 2016고정2490
모욕
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. Defendant A, around 14:00 on December 20, 2015, when Defendant A took part in his name in the convenience store side of the Busan District of Busan District on the part of the victim F, Defendant A made a public insult of the victim F by referring the victim “A, E, E, E, E, E, E, E, E, E, E, E, E, for the Domine.” and “E, E, E, E, E, E, E, E, E, for the purpose of publicly insulting the victim.

2. At around October 27, 2015, Defendant B, at the same place as above, insultingd the victim F by publicly insulting the victim by “I am chrone, who constructed an officetel on the south’s land, and an officetel on the south’s land,” at the victim F at the place where dong residents G could hear.”

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach a voice recorder’s telephone tape recorder’s CD), each record book, and criminal investigation report (to submit a video CD by the complainant);

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. Defendant A and his defense counsel asserted that, although Defendant A, rather than the next length of convenience stores indicated in the facts charged, Defendant A, rather than the next day of the convenience stores indicated in the facts charged, Defendant A provided a victim with the same bath as indicated in the facts charged, they did not have a public performance because there is no one in the surrounding areas

However, according to the evidence adopted earlier, Defendant A took a bath as stated in the facts charged on the side of the convenience store stated in the facts charged at the time and at the time, and sufficiently recognized the fact that the surrounding areas of Defendant A went through a person who was not aware of his name. Thus, the performance requirement in the offense of insult is satisfied.

Therefore, we cannot accept the defendant A and his defense counsel's above assertion.

2. Defendant B and his defense counsel are the date and time and place indicated in the facts charged by Defendant B.

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