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(영문) 서울동부지방법원 2015.06.26 2015고정646
모욕
Text

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

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

Reasons

Punishment of the crime

On February 10, 2015, at around 01:45, the Defendant publicly insultingd the victim, who was a police official belonging to the Seoul Police Station C District District of Seoul Police Station, on the ground that the victim D (the victim 37 years of age), who was a police official belonging to the Seoul Police Station C District of the Seoul Police Station, was used to pay a fare and return home, saying, the Defendant read the victim as a large interest before the unspecified number of people other than the taxi engineer, such as “Chewing sprinks, spacks, spacks, dead, and sprinks, to whom the police is taken off by money,” and read the victim as a public

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (Statement of Telephone Communications for Witnesses);

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. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the provisional payment order is asserted to the effect that the defendant was in a state of mental disorder or mental retardation at the time of committing the instant crime.

According to the records, although the defendant was aware that he had drinking at the time of committing the crime of this case, in view of the circumstances leading to the crime of this case, method of the crime and the circumstances after the crime of this case, he did not have the ability to discern things or make decisions at the time of committing the crime of this case.

It does not seem that there was or was a weak state.

Therefore, the defendant's above assertion is without merit.

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