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(영문) 서울북부지방법원 2014.07.01 2014고정541
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

At around 10:10 on December 19, 2013, the Defendant publicly insultingd the victim by publicly citing that “The victim will be a police officer, who is not a police officer, and will be a mother,” and that “The victim will be a police officer, who is not a police officer, and will be a mother,” in the front of Dobong-gu Seoul, the Defendant reported 112 that the Defendant interfered with the duties of the parking service team of the Dobong-gu Park Facilities Management Foundation, and sent to the scene by 5-6 persons, including merchants, and the fess, etc., from the scene.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes in writing C;

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

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

1. The defendant asserts that the determination of whether a person has a mental disability under Article 334(1) of the Criminal Procedure Act is a state of drinking alcohol at the time of the instant crime and suffers from alcohol dependence and depression. As such, it can be recognized that the above argument is included in the claim of mental disability and that the defendant has been treated as a group of friendly symptoms and alcohol dependence, and that he was in a state of drinking to a certain extent at the time of the crime. However, in light of various circumstances such as the circumstance of the crime, the method and method of the crime, and the defendant's behavior before and after the instant crime, it does not seem that the defendant lacks the ability to distinguish things at the time of the instant crime or make decisions.

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