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(영문) 대전지방법원 천안지원 2016.08.26 2016고정346

모욕

Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to one year from the Daejeon District Court to interfere with the execution of official duties in a deceptive scheme, and the judgment became final and conclusive on April 15, 2016.

On September 19, 2015, at around 04:00, the Defendant requested the victims C and the victims D, who are police officers belonging to the police department B of the Asan Police Station B, called the victim under the influence of alcohol, who were called up after receiving a report of 112 that he was under the influence of alcohol, to lower the voice of the victim, at around 301-16, Asan City Culture, Asan City, around 04:0, the Defendant “Is you grow up to the victim’s 5-6;

G. Police Doz. Doz.;

씨 발 놈들 아. 좃 같은 새끼들.” 이라고 큰소리로 말하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of the latter concurrent judgment (the Daejeon District Court's 2015 High Court's 2124/ Daejeon District Court's 2016 No. 293)-No. 293

1. Relevant Article 311 of the Criminal Act and the choice of fines for criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;