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Reasons
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(영문) 수원지방법원 성남지원 2013.12.26 2013고단1559
모욕등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around May 18, 2013, the Defendant heard that he/she was a male grandchild who was unable to know his/her name in the “G” located in the Sungnam-si Correction-si, which was operated by the victim E (the age of 60) from D, in his/her residence located in Sungnam-si, Sungnam-si, which was in violation of the Punishment of Violences, etc. Act (joint violence) and sought to ask for the victim who was the above male grandchild.

At around 11:00 on the same day, the defendant found in the above G with D, and the defendant written the victim's appearance, and "I am dead and dead," and D means "I am, I am, I am living in the male guest. I am. I am with the victim's knife, knife, etc., and so on five times."

Accordingly, the defendant assaulted the victim jointly with D.

2. On July 7, 2013, the Defendant’s insultd the VictimJ by openly citing the victim’s police officer’s “I police box” located in the Sungnam-si H, Sungnam-si, on the ground that the victim’s police officer prevented him/her from taking a bath to K. In the same place, the Defendant: (a) taken the victim’s J from the place where the said K is located, “Chos and blaps grow up; (b) thrown down four times; (c) thrown away; and (d) thrown away.”

Summary of Evidence

【Violation of the Punishment of Violence, etc. Act (Joint Violence)】

1. Partial statement of the defendant;

1. Each legal statement of witness L and M;

1. Partial statement of witness E;

1. Each police statement of E and M [crime of insult];

1. Defendant's legal statement;

1. Statement to J police officers;

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

1. Article 2 (2) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 311 of the Criminal Act, the selection 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Crimes or crimes for the sentencing of Article 334(1) of the Criminal Procedure Act, during the period of repeated crime.

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