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(영문) 인천지방법원 2016.04.28 2016고단775
모욕등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant’s insult on January 15, 2016 at the front distance of “C” located in Incheon, around 03:20 on January 15, 2016. On the part of the Defendant, the victim F, a police officer belonging to the Samsan Police Station E District, who was called up after receiving a report of 112 that the Defendant abused D, asked the Defendant about the circumstances of the instant case, etc., “I do not have any weather, respect, or wrap.”

Does ", etc." and, in the process of continuing to be arrested as a flagrant offender and moving the patrol vehicle to the Samsan Police Station together with D, etc., "dyched."

“,” why why the head of the Gu would be punished is going to the police station.

“Death, discarded, and is aware of who is in the military;

The victim publicly insultingd the victim by “,” etc.

2. On January 15, 2016, the Defendant damaged objects used by public offices by walking the automatic door of the police station located in the Bupyeong-gu, Seosan-dong, Incheon, Samsan-dong, thereby preventing the vehicle from operating.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Investigation report (to attach evidential materials for damage to public goods);

1. Application of Acts and subordinate statutes to photographs by capturing ctv images or damage to public goods;

1. Relevant legal provisions concerning facts constituting an offense, Article 141 of the Criminal Act (a point of damage to goods for public use), Article 311 of the Criminal Act (a point of insult), and selection of a fine, respectively;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant expressed a desire to a police officer in the process of performing official duties, and damaged the police station's automatic door, and the nature of the crime is not good in light of the circumstances and contents of the crime.

However, the fact that the defendant recognizes his criminal act and is against himself, the fact that the damaged automatic inquiry was reimbursed, and the fact that he has no record of punishment is the primary offender shall be considered as favorable circumstances, and the defendant's other person.

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