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(영문) 서울서부지방법원 2018.01.19 2017고정906
모욕
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The summary of the facts charged by the Defendant was present as a witness in the Defendant’s case of defamation against the victim D (the age of 54) at the Seoul Western District Court (Seoul Western District Court 307) located in 174 as Mapo-gu, Mapo-gu, Seoul, Seoul, on March 17, 2016, and the testimony was finished, and was outside the court.

E refers to a person who has a large number of unspecified people and refers to a person who makes a false statement.

What is the witness.

In other words, “the victim was openly insulting by means of abusive language such as large sound.”

2. According to the facts of the instant case’s indictment, the victim did not directly make an insulting statement from the Defendant, but took part in such a statement from E.

In doing so, it is insufficient to recognize that the testimony of the witness E alone made a statement identical to the facts charged by the defendant, and even according to the witness E's testimony, the testimony of the witness E was in the state of two persons outside the court outside the court at the time, and the voice of the defendant was not in the size to the extent that the contents were detailed, and E is not in delivery of such a statement to a person other than the victim. In light of these points and the relationship between E and the victim, performance exists.

It is also difficult to see it.

There is no other evidence to prove the facts of prosecution.

3. In conclusion, the facts charged in this case constitute a lack of proof of a crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to Article 58(2) of the Criminal Act.

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