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(영문) 창원지방법원 2012.12.13 2012고정996
모욕
Text

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

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant is a member D;

1. From December 12, 201, around 19:20 on December 12, 201, 201, to the victim I, who was the chairperson of D, a member of D, in a place where 15 members, such as A, G, and H, enter a cafeteria meeting held within the F playground E located in the window of Changwon-si, Changwon-si;

2. Around 19:50 on December 14, 201, at the window of Changwon-si, the victim was openly insultingd by the victim, stating that “the victim is a Domine, who was removed from the upper Domine,” at the seat of 4-5 members, such as G, etc., when he completed the D monthly conference, and the victim was working together with the victim I, at the seat of 4-5 members, including G.

Summary of Evidence

1. Partial statement of the defendant;

2. A witness I and each legal statement in G;

3. A statement of testimony of H;

4. Application of Acts and subordinate statutes to report on investigation.

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning the crimes;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant and the defense counsel made a statement identical to the facts indicated in

Even if the Defendant merely responded to the process of dispute with I about the state of funding execution of I, and thus, the Defendant’s assertion of innocence as a justifiable act. However, even if all of the Defendant’s assertion is acknowledged, it is difficult to view that the circumstance alone constitutes an act permissible in light of the overall legal order, or the social ethics or social norms surrounding the Defendant’s hinterland.

As such, the above argument shall not be accepted.

It is so decided as per Disposition for the above reasons.

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