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(영문) 수원지방법원 2014.06.26 2014고정1505
모욕
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 10, 2013, the Defendant, at around 20:30 on September 10, 2013, expressed that the husband of the victim D (the 43 years of age, women) did not pay the Defendant wages to the Defendant in the “C” located in the place where many unspecified customers, such as E, such as E, expressed a large voice that “the victim would be out of the her husband’s telephone, she would be unfolded, her husband will be her husband, and before the her husband died,” and that “the victim will be openly insulting.”

2. 피고인은 위 제1항과 같은 날 20:50경 수원중부경찰서 F파출소에 모욕죄의 현행범인으로 체포되어 온 후 G 기자 H 및 경찰공무원 등이 있는 자리에서 위 피해자 D에게 "내 조카뻘 밖에 안 되는 씨발년아, 돌림빵 해버릴라"라는 등 큰소리로 욕설하여 피해자를 공연히 모욕하였다.

3. At around 21:00 on the same day as above paragraph 1, the Defendant publicly insulting the victim by stating to the police officer I (year 51, South) affiliated with the victim’s Fabab police box that prevents him/her from taking a bath to D, such as the above H and police officers, at the place where there are many persons, such as the above H and police officers.

Summary of Evidence

1. Each police statement made to D or I;

1. Each statement of E and H;

1. Application of each statute on filing of a complaint;

1. Article 311 of the Criminal Act and the choice of fines concerning the crime;

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 for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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