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(영문) 서울남부지방법원 2020.01.15 2019고정1492

모욕

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Around 07:55 on July 8, 2018, the Defendant expressed a bath to the Defendant, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Investigation report (Submission of a transcript file by the complainant), the application of CD-related Acts and subordinate statutes;

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

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

1. In full view of all the factors indicated in the record of the instant case including the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, relationship between the Defendant and the victim, the background leading up to the Defendant, the degree of insulting expressions committed by the Defendant, the circumstances before and after the commission of the offense, the criminal records of the Defendant, and the balance of sentencing with similar cases, the amount of fine for the summary order is determined by reflecting the factors favorable to the Defendant, and there is no change of circumstances