beta
(영문) 서울중앙지방법원 2014.10.08 2014고단5629

모욕

Text

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

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 4, 2014, around 23:20 on the road in front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant was under the control of the victim E, who is a police officer belonging to the Maak Police Station D police box called up after receiving a report to avoid a disturbance on the road in front of Gwanak-gu in Seoul Special Metropolitan City.

While the Defendant observed approximately 7-8 persons, the Defendant expressed a 20-minute to the victim’s bath, such as “Cexponse, flaps, and amba,” which read the victim’s life.

Accordingly, the defendant openly insultingd the victim.

2. On July 5, 2014, around 16:30 on the road in front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant was under the control of the victim G who is a police officer belonging to the Gwanak-gu Police Station D police box called up after receiving a report of the disturbance, and returned to the house from H.

While the Defendant observed 8 to 9 persons, the Defendant took a bath for about 10 minutes to the victims, such as “n't see the police dog, the police dog, and the Chewing sprink.”

Accordingly, the Defendant insultd the victims each by openly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and G;

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

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

1. Selection of fines;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have the record of having been punished several times for the same crime, and this case is a crime committed during the suspension of execution due to the same crime.

However, the defendant, while reflecting his depth in prison life for a period of two months, will not repeat the same crime again, and his family members also seek a letter while supporting the above mistake of the defendant, etc., the punishment shall be determined as ordered by the order.