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(영문) 서울중앙지방법원 2015.05.13 2015고정1233
모욕등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around November 8, 2014, the Defendant assaulted the victim by pushing the victim in good hand, leading him/her into a breath and breath, on the ground that the victim C (the 19-year-old age) who was located in front of Gangnam-gu Seoul is bad.

2. 모욕 피고인은 2014. 11. 8. 02:10경 서울 강남구 일원동 일원파출소 내에서 전항의 폭행사건에 대해 조사받던 중 위 C의 동행인 피해자 D(여, 19세)에게 “뭘봐 시발년, 미친년아, 뭘 꼬라봐 시발년아”라며 3-4회에 걸쳐 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Application of the police statement law to D;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine in regard to the facts constituting an offense, the choice of a penalty, and the choice of a fine;

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (the foregoing fine shall be imposed in consideration of the extent and circumstances of the suspension of sentence: fine not exceeding 500,000 won, and the degree of assault and insult, etc.; however, the above fine shall be imposed in consideration of the degree and circumstances of the assault and insult; the defendant reflects the error of the defendant; the defendant suffers from a divided-sex disorder, a man-child disease, and the mother's mother suffers from a disease; the defendant's child is treated and affected by the defendant

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