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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 4, 2016, the Defendant publicly insultingd the victim for about 20 minutes, such as “The Defendant, in the presence of the victim E ( South, 31 years old), who is a police official, to verify this fact without any justifiable reason, due to the fact that the Defendant did not pay the taxi fee to the non-public prosecution other than the non-public official of the cab driver, a non-public official of the cab for business purpose,” around the Southern Police Station located in the Republic of Korea, the Defendant, around 23:25, 2016.”
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Written statements of D;
1. The Defendant asserts to the effect that he was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.
However, according to the records of this case, it is recognized that the defendant had considerable drinking at the time, but in light of the circumstances and contents of the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., it does not seem that the defendant did not have or weak ability to discern things due to drinking at the time to make decisions or make decisions.
Application of Statutes
1. Reduction of a fine on a summary order by taking into account the relevant legal provisions and the choice of a sentence, Article 311 of the Criminal Act, the selection of a fine (the amount of a fine on a summary order shall be somewhat reduced, taking into account the fact that there is no record of the crime, other than those sentenced to a fine for the violation of Road Traffic Act in 2008
1. Article 70(1) and Article 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;