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(영문) 서울중앙지방법원 2015.11.27 2015고정4087
모욕
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 15, 2015, at around 00:50, the Defendant publicly insultingd the victim C (67 years of age) who was a taxi engineer, at the time of the Defendant’s request, the victim C (67 years of age), who was a taxi engineer, was carrying the Defendant from the new distance in the Dong-dong, Seoul, Yangcheon-gu, to the location of the police station, among the police officers and one other, on the street in front of the Park Jong-dong, Jongno-gu, Seoul, Hongdong-dong, 2015, on the street, the Defendant reported and sent at 112.

2. The Defendant, at the same time and place as set forth in paragraph (1), and at the time and place as in paragraph (1), while there is C, was a taxi engineer, the Defendant: (a) took a bath to the above C and took action that the police box affiliated with the Sejong Police Station D, sent out after having received 112 report; (b) took a bath to the said C; and (c) took a bath to the victim B that “the packer must go to the spack, spack the spack?” and (c) received a warning from the victim that he may be punished for an insulting offense, the Defendant continued to insult the victim on several occasions, i.e., the victim “f., bitch f., bitch f., f., bitch f., f., bitch f., f., f., bitch f., f., f.,” and insulting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to C and B (victims);

1. Each complaint filed in C and B;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

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

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

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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