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(영문) 인천지방법원 부천지원 2021.02.02 2020고정894
모욕
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2020, at around 15:00, the Defendant publicly insultingd the victim by “free fluoring, Chewing,” who had a dispute between the victim D (at the age of 44) and the shopping district contract at the 1st floor of the Yacheon-gu B shopping district, Yacheon-gu, Yacheon-gu, 202.

Summary of Evidence

1. Application of Acts and subordinate statutes to a criminal defendant's legal statement, recording of the police's statement protocol (includingC's statement protocol) to the suspect interrogation protocol, each recording of the criminal complaint (including prosecutor's direction, hearing of the complainant's oral statement, etc.);

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense, the choice of a penalty, and the choice of a fine (Article 457-2 (1) of the Criminal Procedure Act);

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the defendant shall make a contract for the first-time E store located in Bupyeong-si from the defendant on February 10, 2020, which was introduced by the victim as the object of lease. Since the victim entered into a lease contract for the first-time store that the defendant first introduced through another authorized broker, the defendant was requested to pay brokerage fees from the defendant, but the defendant was not the subject of the defective appraisal during the refusal period, so the crime of this case is deemed to have occurred in the course of exercising a legitimate right or claiming for a right, and the extent of the defendant's abusive theory is not very serious.)

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or more of the Criminal Act in detention in a workhouse (in a case where the suspension of execution is invalidated or revoked);

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