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(영문) 수원지방법원 2017.10.24 2017고단1429

모욕등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On March 15, 2017, the Defendant: (a) faced with D in front of D in Suwon-si C on March 15, 2017; and (b) “A male players faced with Dricker.”

한다’ 는 신고를 받고 출동한 수원 남부 경찰서 E 파출소 소속 경찰 관인 피해자 F이 신고 경위를 확인하려고 하자 G 등 불특정 다수인이 통행하는 가운데에서 피해자에게 “ 야, 짭새 새끼야, 누구 편을 드는 거야, 가만두지 않겠다, 좆같은 새끼야 ”라고 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The defendant seems to have caused the crime of this case in a drunken state.

The defendant did not exercise his physical force against the victimized police officer.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The defendant repeats a serious desire against police officers who have been in uniform while the defendant is a general citizen.

The damaged police officers were punished for the defendant.

In 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Punishment of Acts, such as Punishment of Sexual Traffic, and the Act on the Mediation, etc. of Commercial Sex Acts, and was sentenced to two years of suspended execution for a special injury, and committed the instant crime during the suspended execution period.

In addition, the above circumstances include the Defendant’s age, sex, career, environment, background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and arguments.