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(영문) 대구지방법원 2016.03.24 2016고정260
모욕등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

On December 18, 2015, from around 04:10 to around 04:40, the Defendant was taking protective measures within the C District located in Daegu Suwon-gu B, and had the C District Da(38 tax) affiliated with C District Doc District Da(38) and the 119 Emergency Do 119 Emergency Do Do d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the main officer;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (3) 1 of the Punishment of Minor Offenses Act (Optional to the punishment);

1. Penalty fine of 300,000 won to be suspended;

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

1. Article 59(1) of the Criminal Act of the suspended sentence (the part dismissing the prosecution of this case, taking into account various circumstances shown in the arguments of this case, such as the defendant's age, sex, intelligence, environment, etc.) (the fact that the defendant reflects his mistake, the fact that the defendant has no criminal history, and the defendant has no criminal history

1. The summary of the facts charged is as follows: (a) from around 02:00 on December 18, 2015 to around 03:25, the Defendant:5 police officers under the influence of alcohol in the Daegu Suwon-gu C District; and (b) three members of the 119 first-aid service personnel assigned to C District police officers assigned to C District at the seat of the 119 first-aid service personnel: (c) “I am feas, wherever feas, and grow up and grow up by being mixed.”

C. The victim publicly insultingd the victim by openly referring to the brush of gue.

2. This part of the facts charged is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act.

According to the statement of the withdrawal of the complaint (agreement), D is recognized on March 9, 2016, after the institution of the prosecution of this case, as the complainant revoked the complaint against the defendant.

Therefore, under Article 327 subparagraph 5 of the Criminal Procedure Act, the public prosecution against insult of the facts charged in the instant case is dismissed.

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