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(영문) 의정부지방법원 2016.04.07 2016고단391

모욕

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 17, 2016, the Defendant: (a) on January 17, 2016, left a taxi operated by 102-43 on the street in front of the U.S. military unit, and did not pay a taxi fee after having arrived at the above place.

Accordingly, the victim D, or patroler E, who was called up after receiving the report of the above C C 112, was recommended by the victim E to pay the taxi fee and return home, and the Defendant was the victim D, the victim E, the victim E, the bitch bitch, the bitch bitch bitch, the bitch bitch bitch bitch, the victim E, at the place where the above C is located;

C. The victims were openly insulting, by referring to “a bitch bitch bitch bitch bitch bitch,” etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. C’s statement;

1. A report on investigation;

1. Application of CD-related Acts and subordinate statutes

1. Article 311 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is similar to the instant case, is that the Defendant, on February 11, 2015, received a sentence of 8 months in imprisonment with prison labor and 2 years in suspension of execution from a District Court on February 11, 2015, such as obstruction of performance of official duties and insult of a police officer called out after receiving a 112 report, etc., and was sentenced to the suspension of execution on February 24, 2015, and the said judgment became final and conclusive and conclusive and is highly likely to be criticized in that the police officer who performs official duties is insulting.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant committed the crime of this case in contingency under the influence of alcohol, the maximum statutory penalty for the crime of insult is relatively low, the defendant led to the confession of the crime of this case and divided his mistake, and the payment of taxi expenses ex post facto, etc., the punishment is ordered as ordered by taking into account various sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, environment, motive, means and consequence leading to the crime of this case, and the circumstances after the crime.