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서울북부지방법원 2015.04.09 2014고정2366
모욕등
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 18:51 on August 13, 2014, the Defendant was arrested and handled in flagrant offenders on the ground that he publicly insulting G by stating that “the police officer of the Republic of Korea was drunk for about 40 minutes during the course of the instant treatment,” the Defendant, while putting the horse fighting with F on the street in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, would be able to grow up with the age of the 1st Team of the Seoul Eastern Police Station D Police Station D, which told him that “I am out and sing off. I am out. I am. I am. I am, while being drunk for about 40 minutes.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness G's statutory statement;

1. Relevant Article of the Criminal Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act, and Selection of fines for the crime;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On August 13, 2014, at around 18:51, the summary of the facts charged, the Defendant publicly insultingd the victim G, a police officer affiliated with the Seoul Dongdaemun Police Station Down Police Station that told F and horse fighting in front of Dongdaemun-gu Seoul, by stating that “I am out and grow up, this son’s age should be cut back.”

2. The judgment of the court below is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon a complaint under Article 312(1) of the Criminal Act. According to the records, the victim expressed his/her wish not to punish the defendant after the indictment of this case was instituted, which can be seen as "when the complaint is revoked." Thus, the prosecution against the above facts charged is dismissed in accordance with Article 327(5).