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(영문) 의정부지방법원 2014.04.25 2014고단367

모욕등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

피고인은 2014. 1. 26. 04:20경 위와 같은 사유로 현행범으로 체포되어 C지구대로 옮겨진 후 위 지구대 안에서 “이 씨발, 내가 뭘 잘못했어 이 씨발 새끼들아”라고 소리치면서 발로 그곳에 있던 휴지통을 걷어차 시가 미상의 휴지통 덮개 부위를 파손시켜 공용물건의 효용을 해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the police statement of D (the attachment of a victim and a photo of a shoulder stop);

1. Article 141(1) of the Criminal Act applicable to the crime and Article 141(1) of the option of the penalty (i.e., the commission of the instant crime without being subject to a suspended sentence of the option of fine) (i., the commission of the commission of the instant crime, but the commission of the commission of the commission of the commission of the commission of the crime

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. At around 03:00 on January 26, 2014, the Defendant: (a) reported 112 in the vicinity of the 122-lane in the Namyang-si, Namyang-si, the facts charged; and (b) was sent to the site by two persons who were asked questions about the circumstances of the instant case from D located in the Namyang Police Station C District; and (c) threatened with the above developments D, thereby threatening the Defendant to enter the C District as if he were able to see the said developments D. Whereever, the Defendant: (a) sent to the C District; (b) sent to the site; and (c) made a public insult of the said ice D.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 312(1) of the Criminal Act. According to the records of the instant case, it is obvious that the victim revoked the Defendant’s complaint on March 28, 2014 after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.