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(영문) 대전지방법원 2020.04.07 2019고정1170
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the chairperson of the Emergency Countermeasure Committee of Daejeon Seo-gu B Apartment, and the victim C(76) is the resident of the above apartment.

1. On July 20, 2019, the Defendant, around 17:30 on July 20, 2019, insultingly insulting the victim, the Defendant, and the head of the above apartment management office D, on the ground that the Defendant and the above apartment management office’s dispute over the issue of attaching a f card, were the victim’s speech, and the victim publicly insulting the victim, stating, “The victim, among six apartment residents in the above D, security guards E, and nameless apartment, shall have a string, this string, this mathing, mathing, and mathing, by asking the opening value to the victim.”

2. On July 31, 2019, around 15:00 on July 31, 2019, the Defendant publicly insultingd the victim of the crime by stating that the victim “this string, i.e., e., chewing, bottled, and the age and age of the aged were returned,” among the victims having the above D, resident F, G, and H at the above apartment management office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of each fact-finding certificate (Nos. 8, 9,10 of the evidence list);

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (generality of fines and choice of fines);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding two million won;

2. The Defendant rendered a judgment of sentence to the victim two times in front of the head of the management office, security guards, and apartment residents’ view.

This act is at risk of undermining the social reputation of the victim.

The defendant asserts to the effect that there are circumstances to consider the motive of the crime by the victim, first of all, even if the victim had expressed a desire to do so with his own view.

However, D and E, which had been at around July 20, 2019, did not make any particular statement to the victim, contrary to the defendant's assertion.

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