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(영문) 의정부지방법원 2020.11.05 2020고정1157

모욕

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 17:30 on April 7, 2020, the Defendant, on the front side of the “C,” located in Speaker-si B, on the ground that the victim D and the victim E do not turn on the way. While the victim D and the customers are heard, the Defendant: (a) took part in a dispute, and (b) took part in the victim D, the Defendant: (c) took part in an unspecified number of F merchants and customers, and (d) took part in the network, and she did not w off the network, and (d) took part in the network, she was flick, Sick, Sick, Sick, and Sick, and Sick, and she took part in the network at the same time as the victim’s insult.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement of E and D;

1. Each complaint;

1. Application of Acts and subordinate statutes to a detailed statement of 112 reported cases settlement;

1. Article 311 of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 [Article 334(1) of the Criminal Procedure Act provides that the defendant and the victims shall be deemed to have settled on the spot on the day of the instant case (the fifth page of the record of evidence). However, if the victim did not cancel his/her complaint after submitting a written complaint to express his/her wish to punish, the victim's complaint is valid even if the victim did not wish to punish before the complaint (see Supreme Court Decision 93Do1620, Oct. 22, 1993). As long as the victims submitted each written complaint on April 8, 2020 on the following day of the instant case, each complaint is valid.] The reason for sentencing is that the defendant acknowledges the facts charged of the instant case, and the defendant reflects his/her mistake, and the defendant is economically under economic circumstances.