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(영문) 수원지방법원 2019.08.22 2018고정1635
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 15:00 on August 31, 2017, the Defendant publicly insultingd the victim B, who was tried and tried as a victim’s counsel C and other people who suffered from the case due to defamation against the Defendant, using a large voice, such as “poppy, a poppy, a poppy, a poppy, a poppy, a poppy, no poppy, and a poppy,” in which other people are heard.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Investigation report (as to the first receipt complaint by the complainant);

1. The result of the recording file reproduction [the defendant and his/her defense counsel] asserts that the prosecution of the defendant against the crime of this case should be dismissed on the ground that the complaint of this case was filed with the limit of six months, which is the period for filing a complaint against a crime subject to victim's complaint, and that the defendant's performance is not recognized in relation to the defendant's act, or that such act constitutes a justifiable act under Article 20 of the Criminal Act. First, the complaint of this case is deemed not guilty. First, the defendant visiting the police station on December 28, 2017 and submitted a written complaint stating the contents of the crime of this case and expressed clearly and clearly his/her intention to seek punishment for the crime of this case through division with police officers in relation thereto (However, it seems that the defendant will accept the complaint of this case to supplement supporting supporting materials and adjust the schedule of supplementary statements for the victim's statement(s)).

Considering the legal effect of a criminal complaint in an offense subject to victim's complaint as in this case and the meaning of the law of the lawsuit, only the final receipt of a complaint to an investigation agency shall be determined formally.

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