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(영문) 수원지방법원 안양지원 2015.06.25 2015고단499
모욕
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant would have vagabonds as a result of the victim B and the taxi project in the Indial Zone for the Indukwon located in 530 as he/she did, around February 2, 2015, in Ansan-si around 07:50.

At the 10 police officers where there are 10 people, the victim publicly insultingd the victim by openly referring to the victim as “the victim, e.g., bitch bitch bitch bitch, etc.”

2. The public performance, which is the constituent element of the offense of insult, refers to the state in which many and unspecified persons can recognize it. Thus, even if one person has distributed facts individually, if there is a possibility of spreading them to an unspecified or unspecified person, the performance requirement shall be satisfied.

According to the records of this case, the defendant may recognize the fact that the victim took the same bath as the facts charged in this case among the police officers (eight persons) in the office of the Geumcheon-gu Office. However, the defendant's above act is inside a district office, and at the time of the above office there was no civil petitioner or person concerned in the case other than the defendant and the victim. Since the police officers working within the said district office are only the police officers working within the above district office, the above police officers are not in a duty-related person who can expect that the contents of the defendant's speech will not be disseminated without permission, it is difficult to view that the defendant's speech may be disseminated to many unspecified or unspecified persons, and there is no performance that is likely to spread the defendant's speech, barring special circumstances.

and there is no other evidence to acknowledge it.

3. According to the conclusion, the facts charged in the instant case constitute a case where there is no proof of crime, and thus, the Defendant is acquitted pursuant to the latter part of Article 325

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