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(영문) 대전지방법원 2017.02.03 2016고정1447
모욕
Text

1. The defendant shall be punished by a fine of three hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is the 102 Dong-dong representative of Daejeon Sung-gu Seoul apartment, and the victim D is the head of the management office of the above apartment.

On February 22, 2016, the Defendant, at around 20:30, posted the victim at the meeting room of the representative meeting of occupants of the Daejeon Seo-gu Daejeon apartment housing, on seven occasions, including the chairperson E of the tenant representative, in the meeting room of the tenant representative of the tenant of the Daejeon Seo-gu Incheon Metropolitan City, “The complaint has been working for a long time, the agenda on which the complaint is raised all, and the residents have filed a civil petition against the complaint, and the complaint is publicly insulting the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to filing a complaint, certificate of the representative of an apartment building, and resident representative minutes;

1. Relevant legal provisions regarding criminal facts, Article 311 of the Criminal Act regarding the selection of punishment, and the selection of fines [referring to the expression of an abstract judgment or sacrific sentiment that may undermine the people’s social evaluation without stating any fact in the crime of insult” (see, e.g., Supreme Court Decision 2016Do9674, Oct. 13, 2016). A victim’s unfavorable signs have been allocated at an election of the representative of occupants’ meeting.

In light of the general relation between the Defendant and the victim requesting the replacement of the victim, and the details and details of the Defendant’s statement demanding the replacement of the victim after having the victim out of the meeting place, the Defendant committed an insulting act in danger of undermining the assessment of the personal value of the victim by excluding the victim’s performance in order to replace the victim who was dissatisfied with the election at the meeting of the representative of the occupants with the management office in order to replace the victim from the management office.

[I see]

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

1. The defendant's apartment for the reason of sentencing of Article 334 (1) of the Criminal Procedure Act in the order of provisional payment.

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