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(영문) 서울남부지방법원 2015.02.02 2014고단390
모욕
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2014, at around 02:15, the Defendant openly insultingd the victim by asking the Defendant whether he/she wishes to pay the drinking value against the victim, who is an employee of the Seoul Gangseo-gu Police Station F District, who was dispatched to the site after receiving a report of 112 from the above drinking house, at the location of three persons, such as E and employees, who are the owners of the foregoing drinking house, and who are in charge of the foregoing drinking house.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of E and H;

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

1. Article 311 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act lies in certain circumstances such as the confession of the crime of this case and the misunderstanding of errors, and the fact that the health is not good.

On the other hand, the defendant has already been punished several times for the same kind of crime. Considering the above circumstances, the defendant's age, character and conduct, environment, motive, means and result resulting in the crime of this case, circumstances after the crime of this case, and all other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, the punishment shall be determined as ordered.

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