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(영문) 부산지방법원 2016.11.10 2016고정2719
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 July 14, 2016, the Defendant was sentenced to one year from the Busan District Court to imprisonment with prison labor for an injury, obstruction of performance of official duties, assault, insult, obstruction of business, or special intimidation, and the judgment became final and conclusive on October 1, 2016.

On September 21, 2015, around 20:20 on September 21, 2015, the Defendant openly insultingd the victim on seven occasions, such as the victim C, while having a dispute with the victim C, and D, etc., by speaking the victim as “the victim must have this paper mulberry.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Work report for preparation of E;

1. A written request for resolution on disciplinary action and written resolution on disciplinary action;

1. Previous records: Criminal records, court rulings, and application of statutes on the search and output of a net case;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the amount of fine prescribed by a summary order shall be reduced by taking into consideration all the circumstances, such as equity in the case of judgement simultaneously with the crime of bodily injury which has

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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