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(영문) 수원지방법원 2019.02.14 2018고정278

모욕

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 2, 2017, at around 09:00, the Defendant had 4 books from the 4nd floor of the C prison conference team, the fourth lower floor of the C prison, which was located in B, to the confinement room, and had been prevented from the victim D, who is a public official in the correctional service in charge of the confinement and management of the said prison, and several persons, such as E, F, G, etc. were heard, the Defendant publicly insultingd the victim by “the same bit of bitch bitch bitch.”

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and E respective legal statements;

1. A statement of reference witness of the F;

1. A complaint;

1. A report on work by a victimized prison officer (the Defendant’s book was merely a mixed standard, and did not want the victim. However, according to each of the above evidence duly adopted and examined by the court, the Defendant may fully recognize the fact that the Defendant had expressed his or her abusive intent, such as the date and time recorded in the crime, and at the place where the crime was duly adopted and investigated. On the other hand, the Defendant continued to reverse his or her statement on the contents of his or her abusive intent, the object of his or her bath, and the background leading up to his or her abusive intent at the time from the early stage of the investigation due to the instant case to the instant court. In light of this, it is difficult to accept the argument that the Defendant merely expressed his or her abusive intent with his or her free will to the public.).

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;