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(영문) 서울북부지방법원 2017.04.13 2016고정1731
모욕
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 00:11 on July 5, 2016, the Defendant was disputing the issue of non-party D and fare trial of the taxi engineer in front of the Dobong-gu Seoul apartment building, which was reported on 112 and dispatched to the site, to F, a police official belonging to the Seoul Dobong Police Station E District of Seoul, Dobong-gu, Seoul, with several persons, such as the above taxi engineer and the like apartment apartment G, “I am this title, I am police officer,”

B. The cooperation organization was also a cooperative organization, and Boh, Boh, Boh, H. “h.”

Accordingly, the defendant openly insulting the complainant.

Summary of Evidence

1. Statement made by the witness F in the third public trial records;

1. Where a witness G in the third public trial protocol, the criminal defendant and the complainant have changed to another family relationship, and the criminal defendant's "scar is the police officer" to the complainant;

Statement to the effect that the statements were made such as “I” and “I”

1. A statement made by the witness D in the fifth public trial records, which states that although not memory by the specific end of the trial records, the defendant's obsesses are appropriate for the complainant;

1. F’s statement on the police statement [In light of the evidence in its holding, it is sufficient to recognize the possibility of public performance and dissemination, since it is recognized that the Defendant had expressed a desire to the complainant at the entrance, etc. of an apartment complex, where the Defendant was open to the public, and that there was a resident G, etc. who reported 112 at the site at the time.

Application of Statutes

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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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