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(영문) 부산지방법원 2016.11.24 2016고정3081
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 26, 2014, the Defendant was sentenced by the Busan District Court to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (an act of violence, such as a group or deadly weapon) and was sentenced to a suspended sentence of two years on October, 201, and the judgment became final and conclusive on June 3, 20

On July 31, 2013: (a) around 13:10, the Defendant made a 112 report to regulate illegal vehicles parked on the alleyway in front of the Geumcheon-gu Busan Metropolitan City, and asked the Defendant to “on the ground that D (Nam, 58 years old) affiliated with the Busan Geum-gu Police Station C District of the Busan Singu Police Station, the victim, who was called the victim, “on the place where the illegal parked vehicles are damp” and “on the place where the two police officers and the unspecified pedestrians are located,” thereby openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation;

1. Previouss before ruling: Application of the Act and subordinate statutes concerning criminal records, written judgments, and the search and output of a Konet case;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (the amount of a fine determined by a summary order shall be reduced in consideration of the equity between the cases where a judgment is rendered concurrently with a crime of violation of the Punishment of Violences, etc. Act (a crime of violence, such as a group

1. Articles 70 (1) 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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