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(영문) 수원지방법원 성남지원 2018.03.30 2017고정1711

모욕

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On August 19, 2017, at around 10:20 on August 19, 2017, the Defendant insultingd the victim D, who had been administered by the victim D, the president of the Sungnam-si Subdivision, for whom it is difficult to find out the victim’s personal name and identity, and several nurses working at the same place, for the victim’s opportunity to hear.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The defendant and his defense counsel asserted to the effect that the investigation report (the CCTV situation investigation against the wooden scams) (the defendant and his defense counsel stated in the judgment in the process of talking with the victim at the time, so there is no performance.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., ① the testimony of the victim witness D, witness F, and witness F, are consistent in important parts, and its credibility is recognized. ② At the time, dental surgery had been visited by employees such as the defendant and the victim, and the witness F, who was in the dental receipt room, had the desire of the defendant. The performance is sufficiently recognized, and the above argument by the defendant and the defense counsel is not accepted).

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. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is not much serious for the defendant to take account of the circumstances, such as failure of a performance of a cryp procedure, etc., some of the circumstances to be taken into account, and the age of the defendant and his previous offense relation, shall be reduced in part by taking into account the age of the defendant and his previous offense relation.