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(영문) 인천지방법원부천지원 2020.11.25 2020고단1732
모욕
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

The defendant is the non-cheon City B apartment Cdong resident, and the victim D is the third Dong representative.

The Defendant, at the resident representatives' meeting, posted a vote on the agenda for the disclosure of information on the expenses for the use of the said apartment complex at the resident representatives' meeting, but the victim's right to reply was defective, and on April 23, 2019, up to 12:37, 2019, posted a notice to the free bulletin board of Internet E-B apartment Kap, stating that "I do not know that I will do so, I will see that I will do so, so we will see that I will see it as the former representative."

Summary of Evidence

1. Application of each police's written statement of the defendant D to the court's statement;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant stated that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not specified in the victim, while the Defendant stated the facts charged.

However, in full view of the details and the whole context and content of the text written in the judgment, it can be seen that at least Cdong representative includes the victim, and therefore the victim is specified.

Nevertheless, it is difficult to view that the defendant's assertion that the victim is not specified in the investigative agency has a strong reflective attitude.

However, the fact that it appears to be a crime that occurred in the course of urging the representative of the Dong to play an active role as a resident is considered as favorable circumstances. In addition, it is decided as ordered by taking into account the various sentencing conditions revealed in the records and trial process of this case, including the defendant's age, character and conduct, and criminal records.

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