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(영문) 서울북부지방법원 2016.01.14 2014고정2728

모욕등

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Around July 13, 2014, the Defendant insultingd the victim as “C” in the course of the victim’s appearance at the Harart parking lot located in Gangnam-gu Seoul Metropolitan Government Nowon-gu, on the ground that the victim C was in the process of being issued with the number tickets related to special sales events. Around July 13, 2014, the Defendant made a public insult to the victim by stating that “D police officers who were dispatched after receiving the report, D, Ear Ear employees, and D, Ear employees and many customers, etc. of the victim’s appearance.”

2. The Defendant assaulted the victim C (the victim 37 years of age) at the time and place specified in paragraph 1 on the ground of drinking and hand-on on the same grounds as the date and place described in paragraph 1, and assaulted the victim when 1-2 times the head of the victim’s head on the newspaper site.

Summary of Evidence

1. Recording of witness D's statements in the third public trial records;

1. Each police statement made with respect to C and D;

1. C’s statement;

1. 112 Application of Acts and subordinate statutes to a statement of report;

1. Relevant Article 311 of the Criminal Act, the choice of punishment against the crime (a point of insult), Article 260 (1) of the Criminal Act (a point of assault) and the choice of fines, respectively;

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

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

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