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(영문) 대구지방법원 2020.12.03 2020고정966
모욕
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 28, 2020, the defendant was arrested under suspicion of special robbery and was detained in the detention room of the Daegu East Police Station on March 28, 2020, and the complainant B and the complainant C are police officers working in the detention room of the above police station.

1. From around 20:30 on March 28, 2020 to 21:30, at the detention room of the pertinent police station, the Defendant repeatedly saw that B, the complainant, of the demand to open his door or to have tobacco smoke smoked, the Defendant’s refusal was defective, and that in 1, in D, E, and 2, in the outside custody room of the instant case, H, outside the custody room of the instant case, H, in the outside custody room F, G, and 3 of the instant case, “h. Chewing,” the Defendant’s desire, such as “h. Chewing,” i.e., “h., e., f., f., f.,” was heard.

Accordingly, the defendant insulting B openly who made a patent complaint.

2. The Defendant repeatedly expressed the obsesses, such as “Choe Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie Ie am hye Ie Ie Ie am hye Ie Ie am hye Ie. Ie am hye Ie am amye Ie amye Ie am am hye Ie am amye Ie am amye Ie amye Iehh,

Accordingly, the Defendant insultingly insulting C, a patent complaint.

Summary of Evidence

1. Each legal statement of witness B and C;

1. The application of the law to the accused and the defense counsel is sufficiently recognized in light of the witness’s attitude of testimony and the content of testimony in the court, etc., and when considering the evidence in the judgment, it is sufficiently recognized that the accused and the defense counsel’s assertion was insulting the victim by taking the victim’s desire at the location of several persons, such as the statement of facts constituting a crime, although the accused alleged that there was no intention to insult the victim at the time of the suspect’s desire to be a suspect, the defendant’s and the defense counsel’s assertion cannot be accepted.)

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the same Act concerning the selection of punishment;

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