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(영문) 서울남부지방법원 2013.05.23 2013고정1065
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 19, 2012, from around 23:00 to 23:20 of the same day, the Defendant publicly insultingd the victim E, a police official, who was in motion with another person under the influence of alcohol and was called “D” on the 112 report, and was called “Is the victim, including F, G, and so on, whether Is the victim was frighter at this business establishment, who was in motion, and was called “Is the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement of E and F;

1. A written statement of F and G;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes to on-site inspections reports and reports on the use of police gear;

1. Relevant Article 311 of the Criminal Act and Selection of Punishment for the Crime. Article 311 (Selection of Fine)

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

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act as to the defendant's assertion of the provisional payment order at the time of the instant case asserted that "D" did not have any desire for police officers, and had any desire to go to the police force team. However, according to the evidence above, the defendant's assertion is rejected since it can be acknowledged that the defendant had a serious desire for police officers to send a disturbance in D and to file a petition for the situation.

Public Prosecution Rejection Parts

1. The summary of the facts charged is as follows: (a) from around 23:00 on December 19, 2012 to 23:20 on the same day, the Defendant openly insultingd the victim B, a police official, who was dispatched after having been reported at 112 during the influence of alcohol with another person, who was under influence of alcohol, against the victim B, who was a police official: (b) “I am son, I am off, I am off, I am off, I am son at this business establishment; and (c) I am son.”

2. The above facts charged are the crimes falling under Article 311 of the Criminal Act, and are the victims pursuant to Article 312(1) of the same Act.

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