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(영문) 부산지방법원 서부지원 2017.06.26 2017고정6
모욕
Text

Defendant shall be punished by a fine of KRW 500,000.

When the defendant does not pay the above fine, he/she shall be the defendant for five days.

Reasons

Criminal facts

The defendant is a resident of Busan Northern-gu C lending 301, and the victim D is a neighbor who resides in the same lending 502 and is a neighbor.

On November 1, 2016, at around 18:20, the Defendant openly insulting the victim by referring to the victim and the victim’s children, his spouse, and neighboring residents E at the place where the victim is located, who did not receive it, even though the Defendant had expressed her desire to do so prior to the parking in the front corridor of 502, in order to not receive it by the victim, the victim and the victim’s children, his spouse, and the victim’s neighboring residents E, “the same year bit bit bit son,” and “the same bit bit bit bit bit bit son”.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of the Acts and subordinate statutes governing sound recording files CDs;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant, while engaging in a dispute with the victim, was fluencing with the victim, was fluorous with the victim, and was fluorous with the victim “Ch,” and “fluoring fluor of bitch,” and did not take the victim’s bath.

B. The Defendant expressed his desire to bring about a dispute in the course of raising the victim’s speech and behavior on an equal basis, which constitutes a justifiable act permissible by the defense of a political party or social norms.

(c)

At the time when the defendant brought a dispute with the victim and expressed his or her desire to do so, E was not located in the victim's children and neighbors.

Therefore, the defendant's speech does not recognize performance.

2. Determination

A. As to the Defendant’s assertion that the Defendant did not wish to the victim, the witness D expressed in this Court the Defendant’s obsesses, such as “Cirine,” and “the same bit of bitch,” as stated in the judgment of the Defendant.

The witness E testified in this court that the defendant tried to see the victim's 's 's 's 's 's 's 's 's'.

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