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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 April 14, 2018, at the former Han-gu parking lot located in Gangseo-ro 2019, the Defendant heard that, after receiving a report of 112 that, as a matter of parking fees, there was a time limit due to the problem of parking fees, the police officers belonging to the district unit B of the Gangnam Police Station B of the Gangnam Police Station called to the scene would not make a half from the victim C, and that, among the employees of the parking lot owner and the employee, the Defendant “poned or not” the victim.
Along with this desire, the victim openly insultingd the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C, D, and E;
1. C Complaints;
1. Application of the video CD-related Acts and subordinate statutes
1. Article 311 of the Criminal Act applicable to the crime;
1. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse
1. The expression of the gist of the Defendant’s assertion cannot be deemed to have undermined the social evaluation of the other party’s personal value. Thus, it does not constitute the elements of the crime of insult, and the illegality is excluded as an act contrary to the social norms, in light of the process of police officers’ performance of official duties, the circumstances in which the Defendant made such remarks, and the overall context of the remarks.
2. Determination
A. We cannot accept the argument that the Defendant used the expression “this son” while referring to the victim who is a police official, and this constitutes an expression that destroys the victim, and that it does not constitute an element of the crime of insult.
B. According to the evidence, the Defendant: (a) extracted a parking ticket before the latter part of the instant parking lot in which a blockingr is installed; and (b) the Defendant was in a mountain place in the front of the entrance of the instant parking lot in which a blockingr is installed; and
E changed parking fees (1,100 won), and without explaining any defect and circumstance, he/she takes a bath, such as “Doar Youth” and “years” and “years,” and calls for a blocking machine.
(3) The police officer C has the right to park the defendant.