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(영문) 서울서부지방법원 2017.07.21 2017고정691
모욕등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person working at the Seodaemun Headquarters B of the Korea Railroad Corporation in the Seoul Metropolitan Area.

1. Defluence;

A. On April 17, 2017, the Defendant opened a subway line D of subway No. 5 located in Mapo-gu Seoul, Mapo-gu, Seoul on April 17, 2017 to be drunk and opened to the Defendant, and during the transit of the opening area, the Victim E working in the guide sckeke, “from the following to the request for the use of the opening of the exclusive opening outlet”, is bad, and thus, the Defendant’s release was left to the Defendant.

Doz. Doz. Doz.

In a large sense, the victim openly insultingd the victim.

B. On April 17, 2017, around 23:13, 2017, the Defendant reported to the police in the D Service Office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government on the date set forth in the above A., and did not participate in the horses for the victim to use the opening space exclusive for the C, and returned to the victim “this garbage, dogbs, and shots to the conclusion of the judgment.”

The victim openly insultingd the victim by referring to his son's horses to his her own interest and to his her high interest.

Accordingly, the Defendant insultingd the victim two times.

2. Obstruction of business;

A. Defendant 1-A, at the same time and place as the above paragraph 1-A, interfered with the victim’s duty of guidance, such as guidance on civil petitions and monitoring of facilities.

B. The Defendant interfered with the reverse termination of the victimized person’s work at the same time and at the same place as above 1-B.

Accordingly, the defendant interfered with the victim's work twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to the complaint, recording book, etc.;

1. Article 314(1) of the Criminal Act (the point of interference with each business) and Article 311 of the Criminal Act as to the facts of crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of interference with and insult of each duty and the punishment prescribed for the crimes of interference with heavier duties shall be imposed);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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