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(영문) 광주지방법원 순천지원 2018.07.13 2018고단767

모욕등

Text

Defendant shall be punished by a fine of 600,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 10, 2018, the Defendant: (a) on the ground that “the bit of bitch bit of a bitch bit of a bitch bit of a bitch bit of a bitch,” on the following grounds:

“Along with the influence of alcohol,” a rioted and humping a riotous or disorderly speech or behavior at a public office, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the receipt statute

1. Relevant provisions of the Act on the Punishment of Minor Offenses, and Article 3 (3) 1 of the Punishment of Minor Offenses Act, and Selection of fines for the crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. Of the facts charged in the instant case, the Defendant, on April 10, 2018, arrived at the front of the brigade C police station located in B at the time of leisure and fishery products specialized market located in the Namsan-dong at the time of leisure and fishing time on April 15, 2018, but did not pay the fee under the influence of alcohol, thereby getting the Defendant into the said C police box along with the said D.

At around 15:20 on the same day, the Defendant heard that the Defendant would have paid the taxi expenses and returned home from the victim E during the process of the instant police box, and that the Defendant publicly insultingd the victim by “I must do so under this title, franch, bitch bitch, bitch bitch.”

2. Determination

(a) Applicable legal provisions: Article 311 of the Criminal Act;

(b) An offense subject to prosecution upon complaint: Article 312 (1) of the Criminal Act.

C. On June 25, 2018, after the prosecution of this case, a written agreement with the non-application for punishment was submitted.

Judgment dismissing Public Prosecution: Article 327 subparag. 5 of the Criminal Procedure Act