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(영문) 부산지방법원 2018.05.01 2018고정363
모욕등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. In February 27, 2017, the Defendant insultd the Defendant: (a) on the street in front of C in Busan Metropolitan Government B on February 14:15, 2017; (b) a trial cost is to be imposed on the victim D (age 40) and the vehicle traffic problem; and (c) a person who is suffering from the injury.

1.6 1.3 1.3 1. 1. 1. 1. 2.

While many people, such as E, have been able to protect victims, the victim was openly insulting by speaking as “Samin and the same year of age” as the victim.

2. The Defendant assaulted the victim, such as taking the tobacco smoking in advance and at the time and place of the assault before and after the victim’s face on the victim’s face, and taking tobacco continuously to the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 311(1) and 260(1) of the Criminal Act concerning the selection of punishment, and the selection of each fine;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order takes into account the favorable circumstances that may be considered in the circumstances of the instant case, such as the fact that the defendant had no record of the same crime, and the victim’s abusivement to the defendant, etc. In addition, the sentencing conditions specified in the instant trial process, including the defendant’s age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be comprehensively taken into account.

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