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(영문) 서울동부지방법원 2016.09.27 2016고정122
모욕등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. A. Around 10:00 on June 18, 2015, the Defendant insultd the victim publicly by saying, “Is this weather year, and Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Iss that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is

(2) On June 22, 2015, the Defendant publicly insultingd the victim by saying, “The two years of this year-old weather” to the victim during a dispute with the victim E and parking problems, among several persons, such as the places described in the above (1) around 14:30 on June 22, 2015.

나. 명예훼손 피고인은 2015. 6. 19. 14:00 경 위 가. 항 기재 장소에서, D 등 여러 명이 듣고 있는 가운데 사실은 피해자 E이 사기 범행을 범하거나 부동산을 편취하거나 싸우고 이사를 다닌 사실이 없음에도 불구하고 피해자에게 “ 너 이년 내가 너 뒷조사를 다 해보았더니 사기치고 돌아다니면서 싸우고 이사 가고 싸우고 이사 가고 부동산을 찔끔찔끔 해 쳐 먹었더라

“The victim’s reputation was damaged by openly pointing out false facts by sound invasion.”

2. Although the Defendant alleged that he/she made a abusive speech to D on June 18, 2015, he/she did not insult E (Article 1-1(a)), there was no fact that he/she met E on June 22, 2015 (Article 1-1(b) and no fact that he/she made a defamation statement to E on June 19, 2015 (Article 1-2) as described in the facts charged, and even if the Defendant made the above remarks, he/she made each of the above remarks.

Even if performance is not recognized, performance shall not be recognized.

3. In the crime of defamation of reputation (a crime of insult), performance refers to a state in which many, unspecified or unspecified persons can recognize it. Thus, even if the public performance is distributed individually to one person, it is an unspecified or unspecified person.

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