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(영문) 대구지방법원 경주지원 2013.10.01 2013고정184
공연음란등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 1, 2012, at around 23:30 on December 1, 2012, the Defendant was off the victim C (n, 44 years of age)’s operation of the victim C (n, n, n, and kn kn kn kn kn kn, and made a public presentation of obscene acts.

2. The Defendant damaged the property by breaking the horses from the above victim C at the above time, at the above time, and at the above place, and destroying the repair costs by cutting off the table partitions at the above place.

3. The Defendant: (a) committed assault and damage to property, at the above date, at the above time, and at the above place, the disturbance was avoided from the victim E (the age of 43) who is a guest; and (b) expressed a bath to see, “I must see,” and (c) assaulted the victim’s face once by drinking, and by drinking bat.

In addition, the Defendant, in assaulting the victim as above, destroyed the victim with a view to a 400,000 won of the market price, and damaged each by tearing 170,000 won of the market price.

4. 모욕 피고인은 위 일시, 장소에서 신고를 받고 출동한 경주경찰서 F파출소 소속 경찰관인 피해자 G에게 위 C과 손님들이 듣고 있는 가운데 “경찰관 새끼들은 따발총으로 다 쏴 죽여야 한다. 이 집에서 돈 얻어 쳐먹었지. 짭새 새끼들아.”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. A H statement;

1. Application of investigation reports (general Acts and subordinate statutes);

1. Article 245 of the Criminal Act, Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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