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(영문) 수원지방법원 성남지원 2017.03.17 2017고정182

모욕등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On September 19, 2016, at around 17:00, the Defendant took a bath to the victim E, who had two other persons, such as D, a neighbor, in the direction of Seongbuk-si, Sungnam-si, the Defendant: (a) expressed that “F and one real estate customer, who is a neighboring real estate business entity, cannot be identified” in the same place at around 17:20 of the same day; and (b) made one time a part of the part of the victim’s selling water (b) indicating that “F and one real estate customer, who is a neighboring real estate business entity, are able to know the name of the former at the same place.”

Accordingly, the defendant abused the victim openly and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to each investigation report (patum F, D Telephone Statements);

1. Relevant Article 311 of the Criminal Act concerning the facts constituting an offense, and Article 311 of the Criminal Act concerning the selection of a penalty (the point of insult and the selection of a fine) and Article 260 (1) of the Criminal Act (the selection of penalty);

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;