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(영문) 서울북부지방법원 2014.10.28 2014고정2282

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 July 5, 2014, from around 14:20 to 14:46 of the same day, the Defendant publicly insultingd the victim D, who is a security guard of the above marina society, with a large voice, such as “the victim shall do so without any difficulty,” who is frighter outside the entrance door of the main entrance in Dongdaemun-gu Seoul, Dongdaemun-gu branch office, Seoul, and without any reason, who is frighter.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. As to the claim for mental disability under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant asserts that he suffers from a fluoral disease, and that the victim was under the influence of alcohol and had reached the crime of this case by considering the victim's position at the time when the defendant was removed without the defendant's position, it can be acknowledged that the defendant was under medical treatment by taking advantage of the purport that it is a crime in the state of mental disorder and alcohol search clinic under the state of mental disorder. However, in light of various circumstances such as the background of the crime, method and method of the crime, and the statement attitude and content at the police after the arrest of the flagrant offender, it does not seem that there was a lack of ability to discern things at the time of the crime of this case.