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(영문) 부산지방법원 2017.04.28 2016고정3826
모욕등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around April 8, 2016, the Defendant’s insultd: (a) around the street store located in Busan Dong-gu, Busan, in front of the mobile phone sales store; (b) the circumstances surrounding the victim of the D District, who was born up to his front of his night house, are to end up to the Defendant to return home by getting out of the patrol vehicle; (c) approximately 20 players, such as clothes sellers F, etc., including clothing sellers, are under the supervision of approximately 20 players, the Defendant would be punished against the Defendant.

"A sound made the victim openly insulting by talking to the public."

2. Part of the facts charged was revised according to the facts acknowledged within the extent that does not substantially disadvantage the defendant's exercise of his right to defense against the Punishment of Minor Offenses Act.

On April 8, 2016, from around 21:10 to 21:40 on the same day, the Defendant was arrested in flagrant offenders as stated in paragraph (1) within the D District located in Busan Dong-gu, Busan, and as a result, he was arrested in flagrant offenders as stated in paragraph (1) and left the prison as the district and “I am in the beginning of the launch, I am in the early stage, I am in the Republic of Korea, and I am in the military.”

해서 쓰레기 취급 받아야 해, 개새끼들 아, 니는 사회 나가면 좆 나게 맞아야 겠다, 우습제, 짭새 들" 이라고 욕설하고 고함을 지르는 등 약 30여 분 동안 관공서에서 주 취 소란행위를 하였다.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Application of police investigation reports (in relation to recorded files, such as site conditions, drinking conditions of a suspect, telephone conversations with a witness F and telephone conversations, suspect bath of a suspect in the earth, etc.), and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 311 of the Criminal Act ( point of insult) concerning the crime, Article 3(3)1 of the Punishment of Minor Offenses Act ( point of disturbance of revocation in official document), and the selection of fines, 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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