beta
(영문) 의정부지방법원 2020.08.13 2019고정1759

모욕

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 21, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the District Court of Jung-gu on ten months, and the judgment became final and conclusive on February 27, 2020.

【Criminal Facts】

At around 16:35 on July 25, 2019, the Defendant publicly insultingd the victim by saying, “I am spite and spite” while the Defendant requested the victim B, who is a correctional officer belonging to a medical prison, to change the room, and requested an interview with the head of the confinement team when the Defendant requested the victim B, who is a correctional officer belonging to a medical prison, to change the room, and the Defendant refused the interview.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement made by the police with regard to B;

1. Each police statement of C, D, and E;

1. B accusation;

1. Previous convictions in the judgment: Application of the Acts and subordinate statutes concerning the defendant's statutory statement to the appellate court, each of the judgment of the appellate court, the appellate court, the second and the third instances, and the judgment of the appellate court;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order include: (a) the fact that the defendant, for the reasons of sentencing under Article 334(1) of the Criminal Procedure Act, last later recognized the facts charged of this case and reflects his mistake; (b) the defendant does not have a criminal record for the same kind of violent crime; and (c) the defendant must be determined by taking into account the equity

However, the crime of this case is spiting or insulting the victim, who is a correctional officer, while the defendant living in a government prison, and is spiting or insulting by another prisoner while living in a government prison, and the crime of this case is considerably poor in light of the circumstances and contents of the crime, and the defendant recovers the damage.