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(영문) 인천지방법원 2014.07.04 2013고정3278
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On October 10, 2012, the Defendant, as the title, “I am non-Confidence of the 105 Dong representative,” from the Yeonsu-gu Incheon apartment, “I am 105 representative of the above apartment,” and stated “I am consistent and consistent with (compact) responsibilities, fluences, and in unrelated mind, there is no lack of knowledge in accordance with the without responsibility and capacity limits,” and made I am able to present a document stating “I am flusity, I am flusity, and I am to 7 people, etc. of the above apartment, and openly insult the victim by means of signature.”

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to each police suspect interrogation protocol (including D substitute part) to the accused;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserts that the illegality is excluded since his act is a justifiable act that does not go against the social rules established solely for the public interest for the purpose of preventing the unfair use of apartment management fees.

However, even if the defendant seems to have made an appraisal expression as stated in its holding with the motive or background that is for the public interest in relation to the use of apartment management fees, it is difficult to say that the defendant's assertion is a ordinarily permissible appraisal expression to the extent that it does not go against the social rules, by using terms such as "no judgment exists," "unable," "influence," and "influence," a representative of apartment complex's apartment complex's Dong representative.

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