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(영문) 부산지방법원 2020.05.21 2020고정555
모욕등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On December 2019, the Defendant’s insultd the victim by openly insulting the victim by having access to the “E” channel operated by the victim C(E), and having access to the victim C(E), within his/her own residence at the time of the end of Busan-do, Busan-do, Busan-do, and having reported that he/she would receive one million won for educational expenses.

2. 협박 피고인은 2020. 1. 13. 13:30경 부산 영도구 B 소재 자신의 주거지 내에서, 위 제1항의 피해자가 소속되어 있는 서울 서대문구 F 소재 “주식회사 G”으로 전화하여 응대 직원인 H에게 “I 부모님 죽은거 알죠, J 기사 봤죠, C 몸 조심하라고 전하세요” 라고 말하여 H가 피해자에게 그 내용을 전달케 하는 방법으로 피해자를 협박하였다.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Entry in a complaint;

1. Application of the Acts and subordinate statutes to C of the statement in the police statement;

1. Relevant Article 311 of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 283 of the Criminal Act, the selection of a fine for a crime;

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. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the case where the defendant made a threat that he may insult the victim and inflict bodily harm on the victim by telephone even though he did not have a special relationship with the victim. In light of the circumstances such as the fact that the crime was inferior, that there was a history of punishment twice, that the defendant did not make efforts to recover damage, and that there was no effort to do so by the defendant, a fine of KRW 1,00,000 as prescribed by the summary order is deemed to be a proper punishment. Thus, the sentence of KRW 1,00,000 is imposed

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