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(영문) 인천지방법원 2013.07.23 2013고단3689
모욕
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 28, 2013, from around 23:30 to around 03:00 on March 29, 2013, the Defendant publicly insultingd the victim H (58 years of age, F, police officers, etc.) by referring to “Isk, I knows that Isk, Isk will know that Isk in this weather, Isker, Isker, Isker, Isker, Isker, Isker, and Iskern's will.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

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

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On March 28, 2013, from around 23:30 to around 03:00 on March 29, 2013, the Defendant publicly insultingd the victim of the charges by openly citing the victim’s desire, including “Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, and Is, Is, Is, Is, Is, and

2. The above facts charged are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim's complaint under Article 312 (1) of the Criminal Act. According to the records, since the victim's complaint against the defendant after the prosecution of this case is instituted, the public prosecution should be dismissed under Article 327 (5) of the Criminal Procedure Act, or as long as the victim's insult against the victim He is found guilty in a commercial concurrent relationship, the public prosecution shall not be dismissed separately from the order.

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