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(영문) 광주지방법원 2016.05.11 2016고정43
모욕
Text

1. The defendant shall be punished by a fine of 300,000 won;

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

Reasons

Punishment of the crime

On June 1, 2015, around 15:00, at the entrance of the D market located in Gwangju Mine-gu, the Defendant publicly insultingd the victim F of “E” on the following grounds: (a) from among the market merchants and 5-6 persons, the victim F was found to have “E” before the entrance of the D market located in Gwangju Mine-gu; and (b) when he was aware of the excreta, he was found to have been found to have been dead at the time of being boomed by chewing.

Summary of Evidence

Witness

The police interrogation protocol regarding F of the respective legal statements of G, H and F [the defendant and his defense counsel did not have the same statement as the facts charged in the judgment of the victim, and the injured person expressed a desire to the defendant.

The argument is asserted.

However, according to the witness G, H and F's specific and consistent statements, it is sufficiently recognized that the defendant made an insulting statement, such as the facts charged in the judgment, to the victim.

On the other hand, the I's statement (the 28th page of the investigation record) that seems consistent with the above argument of the defendant, stated that I would like to have expressed that I would have expressed that he would have expressed the victim's desire to the defendant, but according to the witness I's testimony in this court, I merely wraped, but did not correctly witness that I would have wraped, the defendant would have expressed the victim's desire to the victim, or that the victim would not take the victim's desire to the defendant. Therefore, the content of the above statement is difficult to believe.

Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

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, which shall bear the costs of lawsuit under Article 186(1) of the Criminal Procedure Act, against the confinement of a workhouse;

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