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(영문) 창원지방법원 2016.09.28 2016고단2265
모욕
Text

Defendant

A A A shall be punished by a fine of KRW 1.5 million, by a fine of KRW 1.00,000,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On January 15, 2016, around 22:22, the Defendant: (a) reported at the entrance of the Masan-si, Masan-si, Sungwon-si; (b) received a report from Defendant C, who was a public official belonging to D, to have been called out; and (c) the victim E, etc., who was a public official belonging to D, was sent out; (d) while a majority of the behaviors pass, the Defendant “19 first-aid members will be late.”

내가 20년 동안 여기 살았는데 D 소방서가 옆에 있는데, 뭘 그리 쳐 다보 노 씨 발 놈 아 쳐다보면 우짤 낀데, 개새끼야 ”라고 큰 소리로 욕설을 하여 공연히 피해자를 모욕하였다.

B. At around 22:30 on the same day, the Defendant publicly insultingd the victim E by openly citing the horses that the emergency department of G hospital located in F in Changwon-si, the Defendant did not have any psychotropic surgery and intent to treat one-way C from the person in charge of the emergency department, and the person related to the emergency department, etc. of the said victim E expressed a large voice that “I see this dog, she must see with she’s name.”

2. Defendant B, at the same date and time as described in paragraph 1-b, and at the same place as described in the Defendant’s paragraph (b), satisfyed the victim E by openly insulting the victim with a large voice that “I must do so, she must do so,” among the persons related to the emergency room, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Article 311 of the Criminal Act and selection of fines concerning facts constituting an offense;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, with the detention of the workhouse, are as follows: (a) Defendant A has no record of crime exceeding the fine; (b) Defendant B is a primary offender; and (c) Defendant B is a condition for sentencing indicated in the records of the instant case, including the Defendants’ age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime.

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