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(영문) 서울중앙지방법원 2015.12.23 2015고정3582

모욕등

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

1. Around 18:00 on August 6, 2015, the Defendant insultingd the victim E (V.) in Jung-gu Seoul, Jung-gu, Seoul, and the victim E (V., 59 years of age) in D market, who was employed as an employee, in his hand, tried to see the end that he would come back from the victim, and that he would be frighten from the victim, while the market merchants and the players are able to protect the victim, the Defendant made a public insult of the victim by referring to the victim as “the victim”, i.e., the weather year, the year, four, four, the snow color, and the snow color “Wook”.

2. The Defendant was subject to the victim F (year 28)’s check from the date, time, place, and the victim’s check from the victim F (year 28), and the Defendant committed an assault against the victim, as stated in the hump that “Isn't fump is a superior or bomb,” along with the hump theory that “Isn's face, Is the victim’s face, and tried the police officer called the Defendant as his hand, thereby getting off the victim’s arms once.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Article 311 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;