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(영문) 대구지방법원 포항지원 2016.08.10 2016고단729
모욕등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, at around 04:15 on March 20, 2016, having a large number of patients and medical professionals in an emergency room “C hospital” located in Nam-gu, Nam-gu, Seoul Special Metropolitan City, the Defendant: (a) refers to the victim D, who is a security staff member of the relevant area, “a bit of bitch bitch, bitch bitch bitch, fomb, shot, dead,” and (b) the victim F, who is the police box of the coast guard station E police box of the port north of the Republic of Korea, dispatched to the said site upon receipt of a report, shall do so, and (c) the police son.

The victim H, who is a police official belonging to the same police station G District, openly insulting the victims by referring to the large bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.”

Accordingly, the defendant insultd the victims openly.

2. The Defendant: (a) placed the victim’s face and neck at the time and place above; (b) sealed the victim’s body with the Defendant’s body as he / she will in his / her fingers with his her fingers.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, H and F;

1. Application of Acts and subordinate statutes to a report on investigation (on-site situations)

1. Relevant Article 311 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 of the Criminal Act, the selection of fines for the crime;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

A favorable condition: A favorable circumstance that reflects one's mistake, and that the arrest of a police officer in the act of committing an offense is disadvantageous to that of the police officer: four times of suspension of execution, and there are many violent crimes records, and a large voice is for the security personnel and the dispatched police officer in the emergency room where a large number of patients are treated.

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