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(영문) 대전지방법원 2017.11.24 2017고정592
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, at around 09:00 on July 4, 2016, called “E” located in the resident D who worked for the Victim C (Y, 56 years of age) and called “E” and removed KRW 40 million from the C Chewing year, fraud, and the cost of construction within 40 million from the said medical care center to the F.

“Publicly insulting the victim.”

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Each legal statement of witness F and C;

1. Partial statement of witness G;

1. Application of Acts and subordinate statutes confirming G facts;

1. Relevant legal provisions concerning criminal facts and Article 311 of the Criminal Act that choose a penalty;

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

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

1. The alleged defendant did not want the victim to take a bath as stated in the facts charged of this case.

2. Determination

A. According to the evidence adopted and examined by the court, the following circumstances, i.e., ① the victim and F, who were consistently phoneed from the investigative agency to this court, thereby insulting the victim as indicated in the facts charged in this case.

A statement is made; ② G made a statement in this court to the effect that “The male of the middle year was to find the Defendant by calling at the above medical center, and the Defendant was not changed, and that “Cropic” was to be called “Cropic” as a converging, defluence,” and that “the male of the middle year was not to change a person, and the male continuously dices 18 et al. (Evidence record 78 pages of evidence),” and that “the police investigator of the police investigation shall be able to find out the fact that he/she was unable to enter into the said medical center in a very rough and very difficult state, and that he/she prepared and submitted a written confirmation stating the contents of “Cropic” as a result of the congnition, and that he/she was unable to fill in the said hospital, ③ at the time of investigation, the Defendant also made a statement to the investigative agency on July 4, 2016.”

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