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(영문) 대구지방법원 상주지원 2014.06.17 2014고정37
모욕등
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

The defendant had no intention or ability to pay the fare even if he/she gets a taxi due to the absence of cash or credit card.

1) On October 3, 2013, at around 23:00, the Defendant: (a) went to a bus terminal located in the B (57 years old); (b) and (c) did not pay a fare of KRW 63,700; and (d) did not pay a fare of KRW 63,70 on the part of the E zone located in B; (b) on October 10, 2013, the Defendant earned economic benefits equivalent to that of the said amount; (c) on October 22:10, 2013, the Defendant went to the H personal taxi that the victim G driving in the Felon-si in the Felon-si city of permanent residence; (d) did not pay a fare of KRW 49,600; and (e) did not pay a fare of KRW 49,600.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. Application of Acts and subordinate statutes on internal investigation reports;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. The portion of dismissing the prosecution under Article 334 (1) of the Criminal Procedure Act (abundation point) of the provisional payment order;

1. On October 2, 2013, at around 20:50 on October 2, 2013, the Defendant publicly insultingd the victim of the instant facts charged by the victim J, which was operated by Gyeongcheon-gun I by the victim J, and read the victim as “the victim of the instant case with six persons, such as the drunk L, etc., for the same year of drinking and drinking.”

2. The case is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 312(1) of the Criminal Act. According to the records, the victim J may recognize the fact of revoking the Defendant’s complaint on March 11, 2014, which was after the prosecution of this case. Thus, the prosecution of this case is conducted pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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