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(영문) 서울남부지방법원 2013.09.27 2013고정1571

모욕등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

『2013고정1571』 피고인은 2012. 7. 19. 20:25경 서울 구로구 B에 있는 서울구로경찰서 C지구대에서 알고 지내는 동생이 위 지구대에 있는 것을 알고 찾아왔다가 피해자인 위 지구대 소속 경위 D이 벌금미납으로 지명수배된 사실을 알고 자신을 검거하자 E 등 민원인 3명과 경찰관들이 지켜보는 가운데 피해자에게 “씨발놈들, 개새끼들, 빨리 집어넣어봐, 좃같은 새끼야”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

around 01:40 on October 4, 2012, the Defendant: (a) was under influence in Guro-gu Seoul Metropolitan Government Guro-gu, Guro-gu, 139-82, and the victim F (Nam, 68 years of age) was under the influence of alcohol in a park; (b) the victim’s face was under the influence of alcohol and was under the influence of alcohol, and (c) the victim’s face was under the influence of alcohol.

On August 22, 2012, at around 00:05, the Defendant inflicted an injury on the number of treatment days due to the reason that the victim G (Nam, 44 years of age) was drunk at the entrance of the toilet floor in front of the public toilets in Guro-gu Seoul Metropolitan Government, Guro-gu, 139-82, the Guro-gu Seoul Metropolitan Government, and had a desire to sleep the victim at this place. On the other hand, the Defendant brought an injury on the number of treatment days, such as the victim’s face, when making a drinking at the face of the victim at a time of drinking, tearing the victim’s eye and tearing the victim’s inside, etc.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Police suspect interrogation protocol regarding F;

1. Application of the police interrogation protocol to G

1. Relevant legal provisions concerning facts constituting an offense, Article 311 of the Criminal Act that prescribes the punishment, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the selection of fines;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.