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(영문) 대전지방법원 2019.01.24 2018고단3064
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 모욕 피고인은 2018. 7. 3. 07:00경 대전 중구 B에 있는 주점에서 술을 마시던 피해자 C(42세)에게 다가가, 과거 피해자가 공짜 점을 봐주지 않았다는 이유로 그 일행인 D 등 다른 사람이 지켜보는 가운데 피해자를 향해 “씨발년아 너 점 안 봐줬지, 평생 무당이나 해 쳐 먹어라 개 같은 년”이라고 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다.

2. During the time and place specified in paragraph 1 as above, the injured Defendant inflicted injury on the victim, i.e., “the head” and “the head in which there is no open room for treatment of the victim,” and ii) caused the victim to go beyond the floor by drinking booming the victim’s face and head by drinking booming the victim’s hand and pushing the victim over the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and D;

1. A complaint;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 257(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor as to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the Defendant committed the instant crime even though having been punished several times for the reason of sentencing under Article 62-2 of the Criminal Act with the same or similar crimes, and the Defendant’s liability for the crime is unreasonable, but the Defendant’s confession is against the Defendant, and there are some grounds for somewhat taking into account the motive and circumstance of the instant crime, etc., the sentence as ordered shall be determined by taking account of the following: (a) the Defendant’s liability is unreasonable; (b) the Defendant’s confession is against the Defendant; (c) the Defendant

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