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(영문) 춘천지방법원 2017.09.26 2017고정311
모욕
Text

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

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

Reasons

Punishment of the crime

On July 14, 2017, 02:23, the Defendant: (a) reported that the Defendant was under the influence of alcohol and is likely to cause damage, such as traffic accidents; (b) the victim F of the E District belonging to the Chuncheon Police Station E District, and the victim G of the same slope under its jurisdiction, who was called out, recommended the Defendant to return home; and (c) the Defendant passed the place where the Defendant was under the influence of alcohol.

H 및 I이 듣고 있는 가운데 피해자들에게 “ 내가 알아서 갈 테니 신경 쓰지 마라, 이 씨 발 놈들 아, 이 짭새 개새끼야, 조 까, 이 씨 발 새끼들 아, 좃 같은 새끼들 아, 좃 같네

Gins, face or sub-faced on the floor;

이 씨 발 놈들 아, 이런 짭새 개새끼 ”라고 소리치며 약 30분 동안 욕설을 하였다.

Accordingly, the Defendant insultd the victims each by openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and I;

1. Application of H’s written Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In full view of all the circumstances, such as the confession of the crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the first offender, the degree of insult of victims, the victim's age, sexual conduct, environment, motive and circumstance of the crime, etc., and all the conditions of sentencing as shown in the pleadings of the instant case shall be determined as ordered by the Criminal Procedure Act.

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