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(영문) 서울중앙지방법원 2013.05.13 2013고정1307
모욕
Text

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

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

Reasons

Punishment of the crime

around 21:50 on January 11, 2013, the Defendant drinking alcohol in the Jongno-gu Seoul Jongno-ro 3 Square “Squaree-ro” station, Jongno-gu, Seoul, and smoking.

The phrase "it should not be taken out from the victim B of the subway Security Officers, which belongs to the Seoul Match Business Management Office."

The Defendant, in response to this, and the victim was a large amount of subway users, thereby openly insulting the victim by publicly insulting “fluent fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, and fluor.”

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect;

1. A complaint;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of the instant case under Article 334(1) of the Provisional Payment Order are as follows: (a) the circumstances leading up to the instant crime; (b) the Defendant’s health condition (in cases of alcohol proof; and (c) the period of hospitalized treatment at C Hospital with depression), the Defendant’s criminal record [the period of imprisonment for a violation of the Punishment of Violences, etc. Act (ab) and six months’ imprisonment for a term of one year and six months’ imprisonment; (d) the imprisonment for a term of two years and six months’ imprisonment for a term of one year and six months; (e) the fine for the obstruction of performance of official duties for the injury committed on June 2006; (e) two million won for the obstruction of the performance of the sentence on September 206; and (e) the fine for the violation of the Punishment of Violences, etc. Act (ab) the Punishment of Violences, etc. Act on January 206; and (e) the sentencing conditions of the Defendant’s age above.

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