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(영문) 서울서부지방법원 2018.02.09 2017고단2875
모욕
Text

Defendant

A shall be punished by a fine of KRW 300,000,000 and by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On March 11, 2017, Defendant A used a mobile phone in front of the main point of “F” located in Yongsan-gu Seoul, Yongsan-gu, Seoul at around 23:50, Defendant A used a mobile phone in front of the main point of “F,” the victim G (age 25), and H (age 25), and demanded victims to show their cell phones by think that they would take their pictures, and requested victims to change their cell phones. While a large number of players pass on, Defendant A expressed a brut that “any youngs will come to a brut,” while there are many other players, the police officers who continued to move to a nearby police box and work there was a desire to “F” and “F youngs” to insult each of them.

2. Defendant B

A. On March 12, 2017, from around 00:15 to around 00:40 on the same day, the Defendant insultd the victims by referring to “the victim G, the same H, and D” in front of the majority police officers, who were in contact with the above A and arrive at the police box, and who were working at the police box, and were in contact with the said A, who were working at the police box, from around 00:15 to around 00:40 on the same day.

B. At the same place on the same day, the Defendant committed assault against the victims, respectively, by emphasizing the water of the franc World Cup, which was cited by the said victims as their descendants.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of laws and regulations on police statements made to G, H and D

1. Article 260 (1) (a point of insult) and Article 311 of the Criminal Act concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

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

1. The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act, even in the presence of police officers at the police box, do not constitute a crime of this case.

However, the first crime of this case is victim G and H.

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