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(영문) 서울중앙지방법원 2020.10.07 2020고정1317
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Around 19:30 on March 18, 2020, the Defendant requested the victim D, an employee of Jung-gu Seoul Metropolitan Government, to add a piling up of the State property, but was refused. The Defendant said that the victim was "I have no head" and "I have no head".

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. CCTV images CDs in the police statement made against D;

1. Each investigation report (Attachment of 112 reported details, suspect specifics, and telephone conversations for reference witnesses);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the applicable sentencing range] 50,000 won to 2,00 won to 50,000 won to 2,00,000 won to 500,000 won to be sentenced] The defendant had no record of being subject to criminal punishment for the same crime. However, the crime of this case is insulting by the defendant’s bath to a restaurant employee without any specific reason. In light of the circumstances, method, place, etc. of the crime of this case, the crime of this case is poor in light of the circumstances, method, place, etc. of the crime of this case, and the defendant's efforts to recover damage is not deemed to have been made, and there are other circumstances unfavorable to the defendant, such as the defendant's age, character and behavior, environment, details and motive of the crime, means and consequence of the crime, degree of insult, and circumstances after the crime, etc., as indicated in the order of this case.

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