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(영문) 부산지방법원서부지원 2020.12.11 2020고정471

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

Of the facts charged in the instant case, the victim rendered a decision to dismiss the public prosecution on October 28, 2020 based on the victim’s revocation of accusation.

On the other hand, part of the facts charged is revised to the extent that it does not disadvantage the defendant's right of defense.

Around August 5, 2019, the Defendant, on the rooftop of the “C convalescent hospital” located in the Busan Seo-gu, Busan, was in a situation where the Defendant was dissatisfied with the complaint from the said hospital, and thus, it was aware that entering the said hospital would be contrary to the intention of the manager of the hospital, even though the Defendant was aware that entering the said hospital would be contrary to the intention of the manager of the hospital, the Defendant infringed upon the victim D, who was the manager of the hospital that discovered the intrusion through the first floor of the said hospital on August 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation report of police statements of D and E (on-site CCTV verification) and the 112 Reporting Case List (in-depth CCTV No. 74 of investigation records);

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;