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(영문) 서울중앙지방법원 2013.12.20 2013고정4560
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2013. 5. 4. 20:00경 서울 동작구 C에 있는 D 업소에서 청소년에게 주류를 판매한다는 112신고를 접수 받고 출동한 서울동작경찰서 E지구대 소속 경찰공무원인 피해자 F(50세)이 업주 G에게 자인서를 받고 있는 것을 보고 피해자에게 “경찰관이 할일 없이 뭘 하고 있는 거야, 자식들 할일 없구만. 이 씹새끼야, 너 뭐라고 했어, 좆같은 새끼이구만. 병신 같은 놈 한번 해봐라. 이 좆같은 놈아”라고 업주와 손님 3명 등 앞에서 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Legal statement of witness F;

1. Each legal statement of witness G and H in part;

1. Part of the statement statement of the police officer with I (the statement that there was a customer and a main agent in the instant business establishment) see the investigation record No. 41 et al.

1. Application of the Acts and subordinate statutes governing the entry of any part of the statements prepared by G and H;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant did not have the same words as the statement in the judgment at the place where the judgment was written.

2. The following circumstances acknowledged by the evidence revealed earlier, namely, ① hearing the statements from the Defendant at the place indicated in the judgment, and arresting the Defendant as a flagrant offender in the crime of insult; ② G was under control and was in the absence of a mind at the time; ② the Defendant’s “self-harm” at the above place was deemed to have taken place, ③ the Defendant’s desire to take the police officer at the police police team, and ③ did not hear the desire to take the police officer at the place indicated in the judgment at the police station. However, at the time, the Defendant was not present at the place indicated in the judgment.

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