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광주지방법원 2016.11.03 2016고정1419

모욕

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

around 2011, the Defendant became aware of the victim D (year 46) who was hospitalized at C hospital located in Nam-gu, Gwangju, due to depression, etc., and was hospitalized at the said hospital from early May 2016 to May 30, 2016, and was discharged from the hospital after having been hospitalized at the said hospital. On May 31, 2016, the Defendant tried to be hospitalized at the said hospital on the 119 first-aid vehicle due to a large amount of drinking alcohol on May 31, 2016, but, on the contrary of the said victim’s refusal of hospitalization, the Defendant had an adverse assessment against the said victim.

피고인은 2016. 6. 16. 13:00경 광주 남구 B에 있는 E식당 앞길에서 길 건너편으로 위 피해자가 지나가는 것을 보고 피해자의 동료 의사 F, 위 병원 입원환자인 G, H 및 행인들이 있는 가운데 위 피해자를 향하여 “D! 이 씨발 놈! 배때지 나와 갖고.. 개새끼, 너도 죽어 새끼야! 야, 씨발 놈! 야! D 개새끼야!! 잘 먹고 잘 살아! 이 씨발놈.”이라고 큰소리로 말하여 공연히 위 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each written confirmation of F, G, and H, and a written complaint of D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;