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(영문) 부산지방법원 동부지원 2019.09.26 2019고정297
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

At around 09:10 on January 23, 2019, the Defendant, while under the influence of alcohol, boarded in a taxi operated by the injured party B (the age of 52) in the vicinity of the territorial intersection located in the Suwon-gu Busan Metropolitan City, and arrived at the vicinity of the United Nations intersection located in the Southern-gu, Busan Metropolitan City, which is a destination of the same day at around 09:30 on the same day.

1. At around 10:10 on January 23, 2019, the Defendant publicly insultingd the victim by openly insulting the victim on the ground that the victim, who was the victim, was able to pay the taxi fare on the front of the Southern-gu Busan United Nations Security Center, on the ground that he was under the influence of alcohol on the front of the Daegu-gu 152 Large 4 Military Security Center, and the police officer, who was going through the place, and the victim, on the ground that the police officer, deemed the victim, was using the taxi fare to pay the taxi fare.

2. At around 10:15 on January 23, 2019, the Defendant publicly insultingd the victim by referring to “the victim D (year 46) (a police officer) who was a police officer belonging to the C District District (year 46) who was dispatched to the said place to pay a taxi fee and return home to the Defendant.” On the ground that the victim D (a police officer) who was a police officer belonging to the C District District (year 46) was able to pay a taxi fee to the Defendant, and the taxi engineer B, the Defendant was viewed as the victim, prior to the view that the Defendant was a frighter and the taxi engineer B.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to B, D, and E;

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 (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. The reason for sentencing under Article 186(1) of the Criminal Procedure Act, which imposes litigation costs, is against the defendant’s unfavorable circumstances, such as that the defendant’s error in sentencing is not mitigated, and that the defendant has not received a letter from the victim, and the defendant has no record of crime other than one time of fine, taking into account all the conditions of sentencing, such as the defendant’s age, environment, means and consequence of the crime, etc.

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