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(영문) 춘천지방법원 강릉지원 2016.11.23 2016고정218

모욕

Text

Defendant shall be punished by a fine of one million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

피고인은 2016. 7. 2. 00:45경 강릉시 C에 있는 D가 운영하는 ‘E’ 주점에서, D 외 2명이 있는 가운데, 음주소란 신고를 받고 그곳에 출동한 강릉경찰서 F지구대 소속 경위 G 및 같은 지구대 소속 순경 H에게 “개새끼들이, 씨발놈들아. 넌 뭐야 새끼야. 너가 뭘 잘 알아, 새끼야, 씨발놈아. 이 싸가지 없는 새끼야.” 등이라고 욕설을 하여 피해자들을 공연히 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. A written statement of I;

1. Each complaint;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 311 of the Criminal Act concerning the crime concerned;

1. Article 40 or 50 of the Criminal Act (the punishment provided for in the offense of insult against G as stated in the judgment of more severe crimes, and the punishment and the selection of fines) of the ordinary concurrence and the choice of punishment;

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

1. Even if the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is delayed and contrary to the reasons for sentencing, there is no previous conviction of qualification suspension or more, and considering favorable circumstances, such as the defendant’s family environment and economic situation, it cannot be deemed that the amount of fine under the summary order is excessive in light of the form of the instant crime and the circumstances immediately after the instant crime, and thus, it is maintained.