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(영문) 대전지방법원 2015.05.28 2014고정2045
모욕등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 11, 2014, at around 18:28, the Defendant: (a) driven a e-mail vehicle from the bus stop near the Daejeon-gu Culture Complex to drive a e-mail in the direction of the Han field Library; (b) on the ground that the victim D (year 46) who entered the bus stop, did not drive the bus at the bus stop; and (c) on the ground that the victim D (year 46), who was driven by the said bus bus stop, was under the influence of driving the bus at his/her own car to the extent of about 15 passengers of the bus of the victim, openly insulting the victim by openly insulting the victim, such as “a sing. s. h., the victim,” while hearing about 15 passengers of the bus.

2. On June 11, 2014, the Defendant interfered with ordinary traffic, around 18:28, 2014, at the bus stops of the bus “Neline for west-to-west discharge”, the Defendant: (a) D took a bath at the bus stops; (b) D gets off passengers while driving a bus again; (c) while driving a D bus according to D’s bus, the Defendant obstructed traffic by rapidly changing the bus lines to prevent the front of the bus; and (d) making a sudden stop in front of the bus.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of CD’s film-related statutes;

1. Relevant Article 311 of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines (the point of interference with general traffic and the selection 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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant is not a sudden stop in front of a part of D's bus, but a stop by a sudden stop. As such, it does not constitute a general traffic obstruction.

2. Determination

A. The following facts are acknowledged according to the evidence of the judgment.

Around June 11, 2014, the Defendant and D metre the dispute at the bus stops at the "Ne-distance from west" bus stops around 18:28.

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