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(영문) 광주지방법원 2014.09.18 2014고정1300
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 18, 2014, at around 16:45, the Defendant, at the entrance of the D market located in Gwangju-gu, Gwangju-gu, the Defendant publicly insultingd the victim by saying, “on the 112-round 16:45, the victim F (the 40-year-year-old driver), Gystna taxi of the victim F (the 40-year-old driver) reported to the effect that the Defendant obstructed the course of the Defendant’s H vehicle, and obstructed the Defendant’s operation of the H vehicle, the Defendant explained the victim’s violation to one other than the assistant J of the Gwangju Dong Police Station, dispatched to the scene, and on the street where other police officers and many persons are involved, the Defendant should prevent the Defendant from driving the Defendant.”

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The J’s written statement [In a case where the Defendant and his defense counsel alleged to the effect that they denied the insult, but if the Defendant’s statement of the police officer and the J’s written statement, etc., “In full view of the Defendant’s perception of mistake as to the part of the victim’s abusive intent,” the Defendant’s own statement, etc., can sufficiently recognize the fact of insulting the victim as stated in the Defendant’s facts constituting the crime

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. According to Article 334(1) of the Criminal Procedure Act, the Defendant’s age, character and conduct, environment, motive and background of the instant crime, circumstances after the instant crime, the Defendant’s financial status and health status, the Defendant has no particular criminal records other than four times before and after the penalty is imposed, and all circumstances constituting the conditions for sentencing as shown in the instant pleadings, such as equity with other similar cases, shall be determined as indicated in the text.

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