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(영문) 서울동부지방법원 2020.10.29 2020고단1699
모욕등
Text

A defendant shall be punished by imprisonment for four months.

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

1. Around 09:20 on January 30, 2020, the Defendant insultd the victim B (hereinafter, 30 years of age) who was waiting for the signal at the crosswalks No. 5 in the front of the exit of Seongdong-gu Seoul, Masle-gu, 300, without any justifiable reason, on the part of many unspecified people, the Defendant expressed the victim’s sexually insulting, such as “The same year of this bring, the opening, and the death of the dead, not the same year of the opening.”

2. The Defendant assaulted the victim, such as spiting spiting down, etc. on the victim’s face, following the victim’s words “to report the victim’s desire” at the time, time, and place indicated in Paragraph 1, and 2, following the victim’s face twice, and taking the victim’s hand on his/her left hand, with the victim’s left hand on his/her hand, “no single year is common.”

Summary of Evidence

1. A written statement and a written complaint filed by a witness B who has partially made a legal statement of the defendant;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

1. Relevant Article 311 of the Criminal Act, Articles 311 and 260 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act, which bears the burden of litigation costs under Article 62(1) of the suspended sentence, is the confession of the defendant as to the offense of insult.

There is no criminal offense beyond the fine against the defendant.

On the other hand, it is not good to commit a crime by taking the victim who was waiting for the signal at the crosswalk with a large voice without any reason and assault.

The defendant denies and does not oppose the crime of assault.

Defendant was sentenced to a fine of bodily injury, assault, insult, etc. four times, and was sentenced to a suspension of indictment twice due to larceny, insult, etc.

The defendant did not agree with the victim or recover damage until now.

The age, character and conduct of the accused, and others.

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