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(영문) 창원지방법원 2019.02.14 2017고단4079
모욕등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 4079] On November 11, 2017, from around 23:55 to around 00:55 of the following day, the Defendant: (a) reported the disturbance to 112 as the date he gets out of other customers, such as drinking alcohol in the Kimhae-si B building and in the first floor, and driving away from other customers in the same room; and (b) called, “Isn't have to open door door due to the end of the business, Isn't take out the package of the remaining alcoholic beverages,” and called, “Isn't have to open door door door door door due to the end of the business and close of the business,” and “Isn't am out of the victim’s warning that I would be subject to punishment for insult.”

[2018 Godan446] On February 19, 2018, between 23:40 and 00:05 on the following day, the Defendant entered into a store operated by the victim I in Kimhae-si from around 23:40 to 10:05, and without any particular reason, took a bath to employees of the above store while drinking, and threatened them with drinking and drinking, and carried out the arms of other customers within the above store.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

[2017 Highest 4079]

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. A criminal investigation report (Attachment of a record) (2018 highest 446);

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 311 of the Criminal Act and Articles 311 and 313 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The extent of damage caused by each of the instant crimes under Article 62(1) of the Criminal Act is not much serious.

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