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(영문) 대구지방법원 2014.09.17 2014고정1873
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 23, 2014, the Defendant filed a civil petition with the victim C, who is a public official in charge of the relevant duties, to file a report on illegal operation of a private taxi, and repeatedly filed a civil petition with the victim C for about one hour, and tried to make an abstract report that does not specify the offender and the date and time of the report, but did not give a satisfactory response, such as the victim’s failure to conduct an investigation because the victim’s report is abstract, which makes it difficult for him/her to conduct an investigation. In addition, the Defendant did not have a public official, who is in charge of the relevant duties, at the Daegu Jung-gu, Daegu-gu public transportation department and office on the sixth floor of the building, and at the Daegu-gu public transportation department and office on the sixth floor of the building, and the victim who is a public official in charge of the relevant duties to file a report on illegal operation of a private taxi. The Defendant did not answer the offender’s report, but did not have any abstract part of the report.

Nevertheless, the victim repeats the same answer, and the defendant tried to fluorize the same content to public officials D who move to another place in order to change the other party to the civil petition.

이에 피해자가 다가와 대화에 참여하고 그 내용을 녹음하려고 하자 피고인은 화가 나, 그곳 직원 약 20여명이 듣고 있는 자리에서 "당신은 조사할 가치가 없는 사람이야. 당신 약 먹었어요. 아저씨. 이 사람이 이거 112신고 해야겠네. 하는 짓이 이게 뭡니까, 민원인한테. 이거 또라이도 아니고 희한한 양반이네"라는 등의 욕설과 폭언을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (recording CD analysis);

1. Article 311 of the Criminal Act applicable to the crimes;

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the Nowon-gu. The defendant's crime of this case is socially accepted.

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