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(영문) 부산지방법원 2017.04.20 2016고정4342
모욕
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

around 08:50 on October 30, 2016, the Defendant received money from the victim E (34) who was the police officer belonging to the Busan Police Station D police unit, called the Defendant, and received a report from the Defendant, and received a notification from 112 on the street in front of the “Csing shop” located in the Busan Northern District B, and received a recommendation from the Defendant to return home from the Defendant, the police officer belonging to the D police unit of the Busan Northern Police Station, the Defendant called the Defendant, and received money from the Defendant, and the Defendant received the Defendant from the Defendant.

The victim publicly insultingd the victim by speaking in a large voice as “h.”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation (the first mobilization status, etc.);

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order takes the attitude of recognizing and opposing the Defendant’s wrongness in the court. However, the contents of the Defendant’s statement are very violent, as well as selling without any basis the process of performing the duties of the police officer in question and the purchase of a fluence. The degree of insult is very serious.

Although the Defendant received several requests from police officers, the Defendant did not commit insult, and such attitude was the same in the police investigation process that took place after approximately two hours from the crime of this case.

Although there was no record that the defendant was punished for the same crime, it was sentenced to a fine twice in 2007 and around 2016 due to violent crimes such as injury.

In consideration of the above circumstances, the punishment shall be determined as per the order, taking into account the main circumstances.

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