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(영문) 부산지방법원 2021.01.28 2020고단4435
모욕등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

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

Reasons

Punishment of the crime

1. In the indictment around July 17, 2020, the Defendant stated that “as of July 17, 2020, around 02:30, the indictment is written as “as of July 17, 2020:00,” but it is obvious that the Defendant is a clerical error in the indictment “as of July 17, 2020:30.”

Even if the bill of indictment is corrected without changing it, it does not seem to be a substantial disadvantage to the defendant's exercise of his/her right to defense.

On the front way of "C" in Busan Jin-gu B, Busan, the victim E, a police officer belonging to the Busan Jin-gu Police Station D District, who was called out after receiving a report of 112 while many unspecified people observe it.

B. A. E.C., C. E.S. E. E. F. E. E. F. E. E. F. E. E. E. E. E. E. F. E. E. E. E. F. E. E. E. E. F. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. e., dea. E. E.

A. E. B. L. L. L. L. O. T. T. H. H.

A. The victim publicly insultingd the victim by referring to the large sound called “this friend friend friend.”

2. No person who has violated the Punishment of Minor Offenses Act shall spite or spit such nature without permission on streets, parks or other places where many people gather or frequent;

Nevertheless, the defendant, at the date, time, place, and the place mentioned in paragraph 1, tried to get out of the past even though many and unspecified persons pass.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the video-related Acts and subordinate statutes to the instant video CDs using a report filed by police officers on investigation into the police statement report filed against E (Attachment of video CDs presented by police officers on the spot) 112;

1. Relevant Article 311 of the Criminal Act and Article 311 of the Selection of Punishment Act concerning the facts constituting an offense (the points of insult, the choice of imprisonment), and Article 3 (1) 12 of the Punishment of Minor Offenses Act (the point of law and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. The defendant with reason for sentencing under Article 62-2 of the Criminal Act of the community service order is punished by a fine for insult against a police officer even in 2018.

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