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(영문) 수원지방법원 2017.05.17 2017고정72
모욕등
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

The Defendant: (a) around 11:58 on October 1, 2016 to around 12:14, the Defendant: (b) to the victim E, who is a social service personnel, in front of the majority of passengers, in a place where the D basin train in Sinpo-si C, Sinpo-si, Sinpo-si, Sinpo-si, for the purpose of punishing the victim E, who is a social service personnel in front of the majority of passengers.

해. 씨 발 법은 무슨 법이야 어른 말이 맞는 거지 어린 놈의 새끼가, 씨발 네가 인생을 뭘 알아 ”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes on video CDs upon committing a crime;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged was around 12:00 on October 1, 2016, the Defendant, without permission, entered the line side of the subway line located in the D Station. On the other hand, the Defendant, at the time of the notification, left the train without permission, and left the train for approximately two minutes prior to entering the D Station, and the operator of the G G G-dong train located in the train located in the G-dong train located in the train, which was notified.

As above, the Defendant negligently entered the line without permission and obstructed the traffic of the former vehicle.

2. Determination

A. Article 189 of the Criminal Act provides that “A person who, by negligence, commits a crime under any provision of Articles 185 through 187 shall be punished by a fine not exceeding 10 million won.” Article 186 of the Criminal Act provides that “a person who, by any other means, damages a track, light or sign, or obstructs traffic of a train, electric car, automobile, ship, or aircraft.” This is a crime of protecting the legal interests of passengers using a train, etc., and is punishable by any act that makes it impossible or considerably difficult to pass by interfering with traffic by destroying or destroying a track, light, or sign or by any other means.

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