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(영문) 서울중앙지방법원 2015.03.11 2015고정478

모욕

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to eight months of imprisonment by the Seoul Central District Court for the crime of invalidation of public goods, etc. and the said judgment became final and conclusive on August 27, 2014.

On May 24, 2014, around 21:20 on May 24, 2014, the Defendant expressed that D, a victim in Seocho-gu Seoul Metropolitan Government, will be a police officer arrested as a separate assault case on the new wall on the same day, and that “I will arrest B.”

이를 제지하는 피해자에게 물이 들어 있는 물컵을 던지며 "씨팔 놈들 기분 나쁘게 쪼갠다. 씨팔", "이 씨팔것들아 개 새끼야"라고 욕설하여 여러 명의 경찰관들이 있는 자리에서 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A complaint;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Article 311 of the Criminal Act and Selection of Punishment for the Crime. Article 311 (Selection of Fine)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;