beta
(영문) 서울남부지방법원 2013.07.09 2013고정1777

모욕등

Text

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

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

Reasons

Punishment of the crime

1. On March 15, 2013, around 21:50 on March 15, 2013, the Defendant: (a) boarded the bus stops in front of the bus stop located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) boarded the card on a device to pay the bus fee by using the bus card; (c) opened the card on the device to pay the bus fee; and (d) attempted to substitute the card on the device to pay the bus fee; (c) while the victim stops on the bus on the ground of concerns over safety accidents, ten persons, such as the defective passenger F, etc., are able to pay the fee, the victim’s public insultd the victim by openly insulting the victim.

2. On March 15, 2013, from around 21:50 to 22:05 of the same day, the Defendant interfered with the operation of the victim by force by obstructing the operation of the bus by avoiding disturbance, such as taking the victim’s bath at the bus stops located in Geumcheon-gu Seoul Metropolitan Government for the said reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to investigation reports on buses and passengers telephone communications;

1. Relevant Article 311 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of insult and the choice of fine) concerning criminal facts, the choice of punishment, and Article 314 (1) of the Criminal Act;

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

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

4. The sentencing of Article 334(1) of the Criminal Procedure Act Article 33 of the provisional payment order shall be determined as ordered in consideration of the fact that the defendant is a disabled person of Grade V with physical disability, the fact that the defendant supports the mother who is a recipient of basic living security, the confession and reflects the crime, etc.