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(영문) 전주지방법원 2017.06.07 2016고정1047
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant and the victim C are members belonging to the 'Etha-gu Seoul Metropolitan City D Apartment Complex'.

On August 5, 2016, while the Defendant kept 20 members of the above senior citizen center, the Defendant made a public insult of the victim by publicly speaking to the victim as “the year that she gets away from the west and west,” the victim’s speech and dispute with the victim as “the year that she gets away from the west.”

Summary of Evidence

1. Each legal statement of C, F, G, and H;

1. Each police statement made to C, F, G, and H;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 311 of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

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

1. The summary of the allegations in the facts charged is that “I listen to the desire that I have to have, and corresponding to, the during the process,” and that “I am unable to do so,” and that “I am unable to do so, I am to see, or am to see, the ‘I am.’ from the victim of the day at night on the day and night.”

‘, ’ 그럼 너는 서방을 � 아 냈냐

There is only a passive reply, and there is no statement such as the statement in the facts charged.

2. However, in full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant’s assertion that the victim C was openly insulting as stated in the facts charged while the members of the senior citizens’ clubs are in compliance with. Thus, the Defendant and the defense counsel cannot be accepted.

A. At the police station, the victim C expressed “the year that the Defendant driven away from the west,” and the Defendant expressed “the year that the Defendant was able to do so.”

A statement is made and testimony is made for the same purpose while attending this court as a witness. It is generally consistent with the statements and actions of the defendant against the above victim, and the place, situation, etc. of such remarks.

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