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(영문) 창원지방법원 2019.11.22 2019고단2401
모욕등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:52 on August 10, 2019, the Defendant interfered with the victim’s historical management by force for about seven minutes, including the following: (a) the victim D, who is the victim of the C Station, was at the entrance of the Busan Northern-gu, Busan Northern-gu, for the reason that the victim D was not subject to the defendant’s death; and (b) the victim D, who was the victim of the C Station’s service, was taking a desire to sound

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on probation and community service order shall be based on the following factors: (a) the background of the instant crime; (b) the Defendant’s age; (c) character and conduct; and (d) the circumstances after the commission of the crime.

The favorable circumstances: The defendant is led to confession and reflect, and the defendant has agreed with the victim D smoothly: The defendant committed a crime without any justifiable reason while under the influence of alcohol, and the crime is not good in light of the method, contents, etc. of the crime, and there is a record of having been punished several times for violent crimes (defluence).

1. On August 10, 2019, the Defendant, at around 15:30 of the facts charged, insulting the victim by openly insulting the victim, on the ground that the Defendant was unable to shoulder the Defendant, who was the victim D, who had been working in front of the exit and waiting room No. C, No. 12, and the waiting room at the front of the unspecified majority passing through the scene.

2. Determination

(a) Applicable provisions of Acts: Article 311 of the Criminal Act;

(b) An offense subject to prosecution upon complaint: Article 312 (1) of the Criminal Act.

(c) Revocation of complaint: A statement of withdrawal of complaint filed on October 26, 2019 by the injured party;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;

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