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(영문) 춘천지방법원 2016.04.28 2016고정48
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Around 03:40 on August 9, 2015, the Defendant: (a) prevented the Defendant from entering the victim E (43 cm, n, n) from entering the said friendship; and (b) made a public insult by putting the Defendant under the influence of this influence on August 9, 2015, on the ground that: (c) F and F, who are a boiler engineer, are sexual visitors, and sexual customers, of the boiler, “I am Y, I am am off, I am am off, I am am off, I am am equal to the bit of bitch, I am, I am am, I am, I am am, I am am, I am am am, I am am am, and I am am am am hish.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 summary of the argument asserts that the defendant and his defense counsel are not guilty on the grounds that there was no victim at the time of the defendant's desire, and therefore, the elements of performance do not meet the requirements of performance.

2. The performance of the defendant's abusive opinion is recognized in a situation where the judgment or multiple unspecified persons can be recognized, or where there is a possibility of spreading to many unspecified or unspecified persons (see Supreme Court Decision 83Do49, Apr. 10, 1984, etc.). Thus, the following circumstances recognized by this court in addition to the overall purport of the evidence duly adopted and investigated by this court, namely, ① the witness F appeared as a witness in this court and appears at the site where the defendant expressed his/her desire to do so as to be stated in the facts charged in the judgment of the victim:

Since the defendant himself stated that F was at the scene of the crime at the time when he takes a bath in this court, the defendant himself was the person who was the victim of the crime (the fourth page of the witness examination record of the witness F, and the attached Form attached to the written opinion submitted by the defendant to this court shall also be the chief of the Saby or boiler room.

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