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(영문) 춘천지방법원 2017.09.12 2017고정238
모욕
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 7, 2017, the Defendant: (a) at the office of the branch office of the Chuncheoncheon-si, the Defendant sold the land owned by the victim E (66 years of age) and the clans in the place where the said branch office was located after the completion of the special general meeting; (b) took a dispute over the fact that the Defendant traded the land owned by the victim E (66 years of age) and the clans; and (c) made the victim’s public insult by “the victim, who sold the land on the ground, fladice, fladice, and flachie” (hereinafter referred to as “the victim”).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a complaint, investigative report (the submission of CDs by complainants);

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. In light of such circumstances, the victim of the gist of the assertion made a statement to the Defendant that “A” and continued to make a false statement to the Defendant that “the Defendant sold the land,” had the Defendant take a bath like the statement of facts constituting a crime as a defensive vehicle in the process of breaking it against the Defendant, and the victim took a bath to the same contents as the Defendant. Therefore, in light of such circumstances, it cannot be deemed that the Defendant’s statement made to the victim had reached the degree of insult.

2. According to the evidence examined earlier, while the Defendant, after the completion of an extraordinary general meeting, has consulted on the fact that he/she traded the land owned by the victim and the clan in the place where he/she is in the middle of the clan, the Defendant first fell into the victim, “such fluore”, “this fluore”, “any where he/she sells the land on the ground of the fluore,” and “fluore that he/she grow into the ground.”

This type of self-refinite, such as this finite and finite finite finite, etc., several times, and the victim also finite finite finite finite and finite finite finite finite finite finite finite finite, etc.

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