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(영문) 대전지방법원 2020.06.25 2020고정382

모욕

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. 피해자 B에 대한 모욕 피고인은 2019. 10. 16. 11:28경 충북 음성군 음성읍 수정로 31, 음성시외버스터미널에 출발대기 중인 시외버스에 승차권 없이 승차하였고, 이를 제지한 운전기사 B(남, 34세)에게 다른 승객 약 7~8명이 있는 가운데 “씹새끼야 줬잖아, 좆만한 새끼가 내가 누군지 알아 ”라고 말하는 등 약 5분에 걸쳐서 욕설을 하여 피해자를 공연히 모욕하였다.

2. Around 11:30 on October 16, 2019, the Defendant insultd the victim C by openly insulting the victim by referring to the victim C, who had several people around the victim C, who had been called out after having received 112 reports at a voice Eup Eup Eup bus terminal located in Chungcheongbuk-gun, 483-1, a voice police station D Zone E, a district of the voice police station, who was called out after having received 112 reports, and having been working around the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (No. 13);

1. B written statements;

1. Application of each statute on filing of a complaint;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant takes a bus without boarding passes and takes a bath to the victim B who prevents him from taking it, and that crime is not good for the victim C who is a police officer dispatched thereafter.

In particular, even though the defendant has been punished several times due to the same offense, the defendant committed the crime of this case without being aware of it during the period of repeated crime of this kind.

The victims appear to have suffered considerable mental shock due to the defendant's crime, and the defendant did not recover the victims' damage or have not received any remedy from the victims until now.

On the other hand.