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(영문) 전주지방법원 정읍지원 2019.07.23 2018고단218
모욕등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months and a fine of 500,000 won for the crime of injury at the Jeonju District Court on April 15, 2015, and the execution of the sentence was completed in the Jeonju Prison on April 15,

【Criminal Facts】

1. On September 11, 2017, from around 07:00 to around 08:30, the Defendant: (a) took a bath to see that the Defendant she was under the influence of alcohol in the restaurant “C” located in the former Eup/Myeon area B; and (b) sees the horse that she was booming from the victim D (V, 60 years of age) who is the head on the wall, and she left the said victim’s place in the said restaurant, such as “this breath, fritha, fritha, fritha, fritha, fry, etc., and frighting to the said restaurant.”

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant, at the time and place as referred to in the above paragraph (1) on the ground that he received a report of 112 that “the drunk guests are under the influence of alcohol,” and told the victims to return home from the victim G, on the ground that he was sent to the scene by the police officer affiliated with the police box, such as the victim F, in the process of keeping the police box affiliated with the said police box, and that the said victims were the visitors in the said restaurant, who were in the said restaurant, and the said victims were sexually insulting.”

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made to D by the police;

1. A written complaint filed by the F and G;

1. A report on internal investigation (related to the situation at the time of withdrawal);

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (verification of the period of repeated crimes of a suspect) Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Among the crimes of insult in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes, and among the crimes of insult in Article 50 of the Criminal Code of the Victims G with heavier punishment.

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