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(영문) 서울남부지방법원 2020.01.08 2019고정1358
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 27, 2019, the Defendant: (a) around 16:30 on April 27, 2019, around the management office of the C, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the 112-year police officers, who were police officers belonging to the D District Police Station of Seoul, Yeongdeungpo-gu, Seoul, and called out after receiving the Defendant’s 112-report that there was time expenditure related to the Maddong Port; and (b) requested the Defendant to present an identification card while hearing the report from the Defendant; and (c) the “G” written indictment as an employee of C

(남, 35세) 등 직원 여러 명이 보고 있는 가운데 피해자에게 “씨발새끼야, 좆같은 새끼야, 야이 개새끼야, 내가 신고했는데 왜 나한테 신분증을 보여 달라 그래, 너 몇 살이냐, 너만 빽있냐, 좆까고 있네”라는 등의 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of F’s written Acts and subordinate statutes;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. A comprehensive consideration should be given to various conditions of sentencing, including the fact that there are grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there are circumstances that can be taken into account the motive and circumstances of the crime, the age, character, conduct and economic circumstances of the defendant.

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