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(영문) 의정부지방법원 2021.01.28 2020고정347
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 4, 2020, the Defendant, within the C office located in Yangyang-si, Seoul, around 16:40 on March 4, 2020, has been in dispute with the victim D and the automobile repair problem, and the Defendant, in the course of hearing the total of nine members, including the viewing staff and the office staff of Namyang-ju, is the same as the victim “I am to die, I do not want to die, and do not wrap.”

In addition, the victim sexually insultingd the victim, such as motos, motos, motos, and motos, which are not sealed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. In light of the favorable circumstances such as the fact that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act recognizes all the facts charged in the instant case and reflects his fault in depth, while the defendant has a large number of criminal offenses, it is only twice a fine for the same kind of violent crimes, the punishment of the summary order against the defendant is somewhat excessive.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, occupation, sex, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime.

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