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(영문) 서울중앙지방법원 2016.01.14 2015고정4124
모욕
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a representative of the B Housing Redevelopment Development Project Association (hereinafter “B”) and the victim C is a representative of the partnership head.

B On February 18, 2014, the Mutual Association dismissed the executive officers of the Mutual Association B, such as the president D, etc. supported by the Defendant through the special general meeting due to the voluntary disbursement of the maintenance project cost, the right to know of the members and the obstruction of business. The victim et al. constituted a new executive group by organizing a representative group of the promoters of the special meeting and was scheduled to elect the president and executive officers of the Mutual Association through the special general meeting on November 2014.

The Defendant, around August 6, 2014, at a new forest post office located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, “C, Na, Na, Na, Ha.

C. The phrase “A person who attends the Republic of Korea” means a person who attends the Republic of Korea, and “C, etc., is a person who is distant from this title.”

The term "explosives" were sent to approximately 400 members by mail.

Accordingly, the Defendant insultd the victim publicly as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Entics;

1. The text of the Seoul Central District Court Decision 2014 Gohap 13643 and the Seoul Central District Court Decision 2014 Gohap 1618;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is the representative of the B association, and the victim E and F are the members of the delegation of the special general meeting of the B association.

Defendant, along with the date, time, and place stated in the ruling, “E, F, etc.” with the content of the inducement described in the ruling, shall be:

The term "explosives" were sent to approximately 400 members by mail.

Accordingly, the Defendant openly insulting victim E and F as above.

2. Determination is an offense falling under Article 311 of the Criminal Act, and is a victim under Article 312(1) of the Criminal Act.

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