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(영문) 대구지방법원 서부지원 2019.05.30 2018고정69

모욕등

Text

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

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

Reasons

Punishment of the crime

1. On December 10, 2017, the Defendant violated the Punishment of Minor Offenses Act, at around 22:30 on December 10, 2017, the Defendant, while drinking in a restaurant operated by C in Daegu-gu-gu-gu-gu-gu-gu-B, imprising the above C with the intent to dumpate, “I wish to dump it, but I wish to bit bit bit of bitch, bit of bitch, bit of bitch, bit of bit of bitch, bit of bit of bitch, bit of bit of bitch, bit of bitch,

2. At the above time and place, the Defendant publicly insultingd the victim by openly insulting the victim, with the victim’s slope E belonging to the police station D District, which is the victim, who was called up after receiving a report that the principal son frights the fright, and having been called up, “this fright, fright, fright, fright, fright, fright, etc.,” among the above C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A complaint;

1. Application of Acts and subordinate statutes to report the occurrence of violations of the Punishment of Minor Offenses Act, and the arrest of suspected flagrant offenders;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 20 (a) of the Punishment of Minor Offenses Act (a point of disturbing sound addresses), Article 311 (a point of insulting) of the Criminal Act, and selection of fines, respectively;

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. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has several records of punishment due to violent crimes, etc.

However, it seems that the defendant is against the defendant, the upper limit of the fine for the violation of the Punishment of Minor Offenses Act is 10,000 won, the nature of the offense of insult against the police officer is not good, but it seems that the other party was not clearly aware of the fact that the other party was a police officer at the time. There are circumstances to consider the situation that the police officer took up the defendant's open hand by taking advantage of the defendant's desire as above, and the police officer was arrested as the case and detained for three days, and the defendant's age, character and behavior are imposed.