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(영문) 대전지방법원 2014.11.13 2014고정1613
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant, as the introduction of the victim C during approximately seven to eight years, was living monthly at the housing located in Seo-gu Daejeon, Seo-gu, Daejeon, and was forced to drive away by force.

1. From around 07:08 on April 10, 2014, the Defendant found the victim’s house in Seo-gu, Daejeon, Daejeon for about one hour, and had the F residing in the second floor, etc., the Defendant sexually insultingd the victim by openly insulting the victim by making the victim’s bath, including “the year of attending the school, by removing the money for a year of attending the school, by taking advantage of the morale, by taking advantage of the head, by removing the money for a year of going to the school, by removing the money for a year of going to the school, by removing the head from the money for a year of going to the school, by changing the morale, the year of going to the church, the year of going to the church, and the same year.”

2. From around 06:09 on April 25, 2014, the Defendant found the victim’s house for about one hour, and made a public insult of the victim by taking advantage of the victim’s bath theory, such as “the year during which the victim attends the school is removed, eating, taking the morale, and removing the head of the school from the franchising year during which the victim was removed,” and “the year during which the head was removed from the franchis” as prescribed in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the G Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has the same criminal records, and in particular, it is inevitable to repeatedly punish the victim with severe punishment.

However, due to the lack of elderly and legal understanding, it seems that the defendant has led to the misunderstanding that the victim suffered damage to the defendant, thereby repeating the crime.

In this context, considering all the circumstances such as the defendant's age, character and conduct, home form, and circumstances after the crime, it is ordered as ordered.

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