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(영문) 대구지방법원 의성지원 2017.01.26 2016고정79
모욕
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 18, 2016, the Defendant: (a) around 17:00 on April 18, 2016, in and near the company and warehouse owned by the victim D, in and near the Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, the Defendant discarded the Defendant’s Chewing flab by leaving the flab head of this flae flae, the flab of which is converted from this fraud.

“Publicly insulting the victim.”

2. On April 25, 2016, the Defendant: (a) in the same place as indicated in paragraph (1) around April 14:00, the Defendant discarded down the Defendant’s “this bomb, the emb and the gue converted from the fraud” to the Defendant.

“Publicly insulting the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, and F [the defendant did not appear at the scene at the time of committing the crime of this case, and asserts that the victim did not have any abusive behavior like the stated criminal facts.

However, while there are consistently E and F from the investigative agency to this court, the victim took the same bath as the criminal facts stated in his/her judgment.

E, F, and E, E, and F, have been witnessing that the defendant took a bath for the victim in this court.

Since the statements are consistent with the statements of the victim, the victim's statements are credibility.

Therefore, the defendant's above assertion is not accepted since the victim's insult is sufficiently recognized as recorded in the facts constituting the crime in the judgment of the defendant.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 311 of the Criminal Act concerning the crimes. Article 311 of the same Act concerning the selection of punishment.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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