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(영문) 제주지방법원 2015.10.14 2015고정692
모욕
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who operates C's D located in Jeju.

At around 11:30 on March 27, 2015, the Defendant insultd the victim by making phone calls to the victim G from among the employees of the sales center on the ground that the Defendant’s credit purchased from the F Jeju store located in Jeju-si E to another place without settling a false payment of the purchase price of KRW 7.4 million. In the course of the sales center’s watch, the Defendant expressed that “The two years have passed since they are frighting, to be sunken, would bring our goods anywhere they would comply with the commitments, and that the tax invoice would also be deducted from the tax invoice.”

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. A written complaint filed by G and a written statement of the police statement by G;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 311 of the Criminal Act;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (limited to a fine not exceeding 300,000 won);

1. Detention in a workhouse: It shall be decided as per the Disposition for the reasons of not less than Articles 70(1) and 69(2) (100,000 won a day) of the Criminal Act;

The sentence of suspended sentence is suspended in consideration of all the circumstances, such as the fact that the defendant recognized the crime of this case and reflects on the fact that the defendant committed the crime of this case, the circumstances of the crime (at present, the person who did not receive a wrong fee), the number of employees in the store (one person), the age, character and conduct of the defendant, etc.

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