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(영문) 창원지방법원 2018.08.08 2018고단1706

모욕

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 8, 2017, at around 00:12, around 00:12, the Defendant reported that there was a customer who would not pay the drinking value at the C main station located in Gohapcheon-gun B and called 112, the Defendant: (a) sought to prepare relevant documents in order for the victim E, a police box affiliated with the Gohap Police Station D, and the victim F to refer the Defendant to the inquiry at the request of the said main station; and (b) was sent to the victims at the place where the said main station operator was located; (c)

B. The court also has the name of all police officers, and the name of each police officer is different from that of each police officer, which is bad in the village;

there is a date for such action; or

Without doing so, the victims were openly insultingd by the word "Seman police officers".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the Criminal Procedure Act is that the Defendant, at the main point, who received 112 report from the alcohol value and embling the police officers dispatched to the police station to take a bath, and insult the case is not somewhat weak.

However, the defendant is showing the attitude to recognize the crime and to reflect the mistake in this court.

It seems that police officers who were called to report 112 as a problem of the drinking value have committed a crime of misunderstanding that the police officers who were called to report only the occasion of the occupationalism, have lost self-defense power and has committed a contingent crime.

In light of the circumstances and the Defendant’s speech and behavior at the time of the instant crime, the degree of insult is serious.

It is difficult to see it.

Until now, there have been no criminal records of the same kind, nor criminal records of the suspension of execution, and there has been no criminal records within the last ten years.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered as the order.