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(영문) 부산지방법원 동부지원 2016.05.13 2015고정1108
모욕
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 5, 2015, around 19:05, the Defendant operated a bus at the 295-gil, a b95-gil, the Gandong-gu, Busan, the Busan, the Police Station at the Busan, the Southern Police Station, facing the victim C's vehicle operated on a narrow road, making it impossible to proceed any longer.

Accordingly, the defendant is approaching the victim's vehicle that is landed from the bus and 20 persons such as bus passengers and the surrounding persons are reported. "I see the door, the front bus has entered the bus, and why is the entry;

Whether snow was scamed or scam

”라고 큰소리로 말하고, 이에 피해자가 대꾸하자 “ 대가리를 부숴 버리겠다, 어린놈의 새끼가 버르장머리 없이, 너는 애 미 애비도 없냐

In a large sound, “the victim was openly insulting.”

Summary of Evidence

1. Statement by the defendant in court;

1. C’s legal statement [The Defendant asserts that he did not insult the victim due to the bruting of the victim at the time, etc.], and the facts acknowledged by the evidence duly adopted and examined by this court are relatively detailed as to the background leading up to the Defendant’s time of trial, the Defendant’s speech and behavior at the time, the response of the persons surrounding it, etc., and it is difficult to find any other circumstances to suspect the credibility of the statement, in full view of the following: (a) the application of the law by the Defendant at the time may sufficiently recognize the insulting facts while taking the victim’s bath

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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