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(영문) 부산지방법원 2017.03.31 2016고정4147
모욕
Text

A defendant shall be punished by a fine of 600,000 won.

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

Reasons

Punishment of the crime

On October 15, 2016, the Defendant: (a) around 12:30, at D stores located in Busan Dongdong-gu, Busan; (b) from August 2016 to September 2016, the Defendant expressed the victim E who worked at the place on the ground that telephone charges and penalty have been imposed on the mobile phones purchased from the above D; and (c) from around August 2016 to around September 2016, the Defendant expressed the victim’s desire to “in the event that F, G, and other customers have been heard, he would be subject to the imposition of penalty, as well as to the penalty.”

Since then, the Defendant had been talking with the victim outside of the above store because the victim had been suffering from a defect in the above store, while many and unspecified persons in the surrounding area, the Defendant made the victim’s desire to “the victim publicly insultd the victim by “the fech fecul, fecul fecul.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant is the primary offender; (b) the Defendant’s economic situation is difficult for the elderly; and (c) the circumstances leading to the instant crime; (d) the Defendant’s age, sex, environment; (e) motive, means and consequence of the crime; and (e) the circumstances constituting the conditions for sentencing, including the following circumstances, shall be comprehensively considered; and (e) the sentence is determined

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