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(영문) 대구지방법원 김천지원 2016.10.04 2016고정358

모욕등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Defluence;

가. 피고인은 2016. 5. 23. 05:00경 구미시 C에 있는 D 피씨(PC)방에서 술에 취한 채 그 곳에서 게임을 하고 있던 피해자 E(24세)에게 다가가 아무런 이유 없이 그에게 “몇 살이냐 ”, “나가서 맞짱 안 뜰래 ”, “좆 같은 새끼야.”, “병신 새끼야.”라고 말 하여 위 피씨방 종업원 F 및 그 곳에서 게임을 하고 있던 손님 5명이 있는 가운데 피해자를 공연히 모욕하였다.

B. The Defendant above A.

At around 07:10 on the same day as the same day, the victim was publicly insultingd by the victim H (the 25 years of age) who was sent to the police station by being drunkly reported at the same place, on the ground that the victim H (the 25 years of age) asked his/her personal information to the female on the ground that he/she was asked about his/her personal information. The victim was sexually insulting among the victim F of the above scambling employee and five customers who had been engaged in the game at the same place.

2. On May 23, 2016, the Defendant who obstructed business operation: (a) from around 05:00 to around 06:30 of the same day.

In the same place as Paragraph 1, while drunkly drunkd, the victim F (18 years of age) was able to take a bath to the victim E, and even when the victim F (18 years of age) was said to be an employee of the victim, the victim was able to take a bath to the above E several times for about 1 hour and 30 minutes, and obstructed the victim's operation of the scambling by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Each statement of the F;

1. Application of Acts and subordinate statutes to police investigation reports;

1. Relevant Article 311 of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act, the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized as having agreed with the victim F, and the defendant is the first offender.