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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 14, 2016, the Defendant: (a) around 16:00 on October 14, 2016, at the office of the 2nd floor conference located in CD market located in C, due to the collision of opinions among members of the commercial buildings; and (b) at the same place where there are members E and F of the commercial buildings, “C” for the victim G.
In addition, the victim publicly insultingd the victim by referring to his desire to “the same year as this sick person,” and referring to a large sense.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police statement related to G;
1. Each fact-finding certificate of H, F, and E;
1. A detailed statement of the processing of the case to be reported and the images of field CCTVs;
1. The defendant and his defense counsel asserted that there is only the fact that the defendant stated "the victim's disease" as "the victim's disease," and that there is no insult of the victim as stated in the facts charged.
However, in full view of the above evidence, the defendant could sufficiently recognize the fact of insulting the victim by putting the victim a bath like the facts constituting the crime in the presence of members E and F of the commercial building. The record of recording submitted by the defendant is merely recording a part of the conversation in the pending dispute scene for a considerable period of time, and it is not sufficient to impeachment the above evidence.
Therefore, the above assertion by the defendant is without merit.
Application of Statutes
1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;