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(영문) 창원지방법원 2018.09.19 2018노1659
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the case of assault against the defendant for whom the judgment of the court below became final and conclusive is not identical with the case of insult of this case, the judgment of the court below is deemed identical. Therefore, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Around March 8, 2017, at around 21:45, the Defendant, at the “EPC room” operated by the victim D in Kimhae-si, the Defendant had a dispute over the issue of payment of a fee with the victim. Before 2017, the Defendant made a public insult of the victim by speaking as “the same bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.”

B. The lower court determined as follows: (a) on the ground that “the Defendant paid the fee for the use of the cell room to the victim located in the PC around March 8, 2017, when the Defendant was sentenced to a fine of KRW 700,000 at the Changwon District Court on December 13, 2017, and the judgment became final and conclusive on December 21, 2017, on the ground that the victim was placed in the front part of the Kabter without being scood; (b) the victim was faced with the head twice; (c) b) the victim was scood on the part of the victim; (d) the victim was scood on the part of the victim; and (d) the victim was scood on the part of the toilet; and (d) the victim was scood on the part of the victim; and (d) the Defendant did not constitute the same type of crime as the Defendant’s crime of insult on which the judgment became final and conclusive.”

(c)

This Court's judgment has become final and conclusive and conclusive, and the same offense has been repeated.

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