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(영문) 인천지방법원 2016.07.14 2016고정1583
모욕등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to one year to imprisonment with prison labor for a crime of intrusion upon residence, etc. at the Incheon District Court’s Busan District Court Branch on November 14, 2015, and the said judgment became final and conclusive.

1. The Defendant injured by assault: (a) on July 8, 2015, the Nam-gu Incheon Metropolitan City Academy of Arts around 16:00

로 30번 길에 있는 인천 구치소 제 501동 B에서 피해자 C이 하느님과 대화하고 마귀를 몰아내는 주문을 한다며 ‘ 킁킁’ 거리는 것에 화가 나, 피해자에게 “ 그만 해 라 씹새끼야 ”라고 욕설하며 주먹으로 피해자의 얼굴 부위를 4회 때렸다.

The injured party has suffered an aesthetic prize of the number of days of treatment on the part of the long-standing therapy.

Accordingly, the defendant suffered bodily injury by committing assault to the victim.

2. The Defendant, at the above date, at the same time and place, has heard emergency bell noise and has called out, “I am friend, friend, friend, friend, friend, friend, friend, friend, frich.

The expression of “Cypty” was expressed as “the victim was openly insulting in the place where the inmate is seen.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police in relation to C, E, F, and G;

1. A complaint filed by D and a work report;

1. Each investigation report (a copy of the records of the duty of the Incheon detention center of a victim, and a copy of the damaged photograph);

1. Previous convictions: Reporting the results of confirmation of the previous convictions which have not been subject to disposition, and applying statutes of the judgment;

1. Relevant legal provisions concerning the crime, Articles 262, 260(1) (the point of causing violence) of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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