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(영문) 대전지방법원 천안지원 2013.07.04 2013고정498

모욕

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 00:10 on January 24, 2013, the Defendant insulted the victim B, who was another taxi driver, and was aware of D, etc. on the ground that the taxi near the ASEAN was refused to take passengers on the road near the ASEAN, the Defendant took a bath to the victim B, who was another taxi driver, such as “this ice string, why you would refuse to take passengers, why you would see, why you would see, and how you should do so.”

2. 피해자 E에 대한 모욕 피고인은 2013. 1. 24. 00:30경 제1항 기재 장소에서 B의 신고를 받고 출동한 아산경찰서 F지구대 소속 경찰관인 피해자 E에게 동료 경찰관인 G과 성명불상의 행인 4~5명이 듣고 있는 가운데 “이 짭새, 개씨부랄 새끼들아, 너 E라고 했지, 이 씨발놈 내 가만두나 보자"라는 등 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the respective laws and regulations in B, D and G;

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 the order of provisional payment are recognized to be erroneous by the defendant, the defendant has no criminal record, and all other circumstances which form conditions for sentencing, such as the age, character and conduct of the defendant, and environment.