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(영문) 인천지방법원 2016.09.08 2016고단4442
모욕
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 21:30 on April 13, 2016, the Defendant publicly insultingd the victim “D” that is located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. D, in front of the restaurant, the Defendant received a report of 112 from the police officers G belonging to the F District Unit of the Incheon Bupyeong Police Station, the victim called the above restaurant, who was called by the Defendant, and was requested by the Defendant to verify the identity of the victim, and the above E and the above place are considered to pass by the victim, while viewing that the victim was soon and promptly, the Defendant provided the victim with the desire to read “the victim, who must write down, fat, fat, fat, fat, fat, fat,” which reads “the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of E;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have the attitude of recognizing and reflecting the offense; and (b) the fact that there is no criminal records of the same kind or imprisonment without prison labor or any heavier punishment; (c) the fact that the police officer wearing the uniform has poor quality of the offense is considered disadvantageous; and (d) other matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the records and pleadings of the instant case,

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