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(영문) 서울중앙지방법원 2015.11.17 2015고정2034
모욕등
Text

Defendant shall be punished by a fine of 1.3 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 22, 2015, the Defendant: (a) around 20:45, the 2015 High 2034 Defendant: (b) told the victim K (34 years old) who is a security officer in Seoul Matro, for the reason that many citizens passed through the area near the outest of the U.S. 1 in Jung-gu Seoul, Jung-gu, Seoul Special Metropolitan City on the ground that he/she prevented himself/herself from walking. (c) On April 22, 2015, the Defendant made a public insult of the victim by talking him/her.

around 02:30 on June 25, 2015, the Defendant 2015, the Seoul Jung-gu Uniform 13 Seoul Central Police Station: “Around June 25, 2015, the Defendant, while under the influence of alcohol, she saw that “I sees “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I do not pay money because I do not am.” The Defendant saw “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, by very rough words and actions in a very rough, at the entrance of the police box.”

Summary of Evidence

1. Each legal statement of a witness, L or K;

1. The police statement of K;

1. A complaint filed by K;

1. Application of the Acts and subordinate statutes to photographs which the suspect is regarded as defense;

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Article 31 of the Criminal Act, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of revocation by government offices), and the selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination as to an application for adjudication on constitutionality of a law under Article 186(1) of the Criminal Procedure Act, which bears litigation costs

1. The punishment under Article 3 (1) 18 of the Punishment of Minor Offenses Act for the defendant to take action is unconstitutional because it is against the Constitution.

2. If the judgment law is contrary to the Constitution or becomes the premise of the judgment, the court in charge of the case in question shall either ex officio or upon its own initiative.

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