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(영문) 대구지방법원 김천지원 2016.01.14 2015고정570
모욕등
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant, at around 19:50 on July 11, 2015, at the emergency medical center of Kimcheon-dong, Kimcheon-si, Kimcheon-si, the Defendant, who visited the above hospital, solicited the Defendant’s branch of the Defendant, who visited the above hospital, to undergo medical treatment at another hospital, to do so, and the Defendant, who performed the fright surgery of an emergency patient, “this son, fright, fright, fright, fright of bitch, fright of bitch, fright of bitch, fright of bitch, fright of bitch, fright of bitch, fright of bitch, fright of 10 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to B;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article of the Act on the Punishment of Criminal Facts and Articles 60 (1) 1 and 12 of the Emergency Medical Service Act on the Selection of Punishment, and Selection of Fines (the partial reduction shall be made in consideration of the fact that the parties have agreed to the punishment and the errors have been repented);

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

1. Article 334(1) of the Criminal Procedure Act concerning the part dismissing the prosecution for provisional payment order and the summary of this part of the facts charged are as follows: the Defendant’s decision was based on the date and place indicated in the judgment, and on the grounds stated in its reasoning, the victim was openly insultingd against the victim B in the presence of one intern doctor, two nurses, four-5 patients in an emergency room, and five patient’s guardian.

In the case, this is a crime falling under Article 311 of the Criminal Act and subject to prosecution pursuant to Article 312(1) of the Criminal Act. Since the victim has revoked the complaint on November 27, 2015, which is after the institution of public prosecution, the public prosecution should be dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act, or as long as the public prosecution is found guilty of a crime in a commercial concurrent relationship, the public prosecution shall not be separately dismissed in the disposition.

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