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(영문) 대전지방법원 2020.02.12 2019고정1324
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 4, 2019, at around 16:10, the Defendant reported by the truck driver and the driver of the freight vehicle in front of the Daejeon-gu Daejeon-gu, Daejeon-gu, where many unspecified people may pass, and then publicly insultingd the victim C (the 30-year old) who was the lessee of the Defendant’s building, who was in conflict with one another due to the lease agreement, for whom there was a common conflict.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. C Written complaint;

1. Application of Acts and subordinate statutes to the investigation report (whether performance is performed);

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of being punished as a crime against the same victim, the crime of this case is not mitigated. However, even though the defendant did not have any record of punishment in addition to fines twice, the defendant has no record of being punished, and recognized the crime, the dispute between the victim and the lease contract results in a crime pro rata to the time during the prolonged duration of the dispute over the victim, and other circumstances revealed through the argument of this case, such as the character, conduct, environment, etc. of the defendant, the punishment is determined as ordered, taking into account the following circumstances.

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