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(영문) 전주지방법원 2013.12.11 2013고정1092
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant resided in Kim Jong-si 501 Dong 110, and the victim D resides in the same apartment 501 Dong 106, and the defendant tried to help the victim when he deposits his writing into Kim Jong-gu Agricultural Cooperative.

Around March 2013, the Defendant asserted that the victim did not pay the money to the Agricultural Cooperative. The victim who was unable to check such assertion did not have any further column, accepted E’s invitation to reside in the above C Apartment 107, a neighboring resident, on July 7, 2013 after the case described in paragraph (1) below, and rejected the Defendant’s cash of KRW 1.5 million, but the Defendant appealed that he did not receive the remainder of KRW 50,000,000,000,000,000.

1. On July 6, 2013, the Defendant: (a) found the victim’s house of the said C Apartment 106 at the p.m. on July 6, 2013; and (b) took part in the victim’s house of the said C Apartment 106; and (c) took part in the neighbor’s E, etc., the Defendant openly insulting the victim by “a dynasium and dynasium 2 million won in money”; and (b) thereby,

2. Around August 1, 2013, around August 1, 2013, the Defendant insultd the victim openly by referring the victim to “a Done, the remaining money within KRW 500,000,00,” etc. to “a Done, the victim’s Done and 500,000,000,” which had been found again at the victim’s house as indicated in the preceding paragraph and had been heard by many people, such as neighboring residents E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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

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

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence is a relatively insignificant case where the defendant misleads the victim that his money has been lost due to the victim, and the victim’s money has been given to the victim, and the defendant is aged.

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