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(영문) 창원지방법원 통영지원 2020.01.15 2019고단1109
모욕등
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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On July 18, 2019, at around 15:47, the Defendant, under the influence of alcohol at the bus stops, 2,100 won of the market price at which the victim displayed for sale by drinking at the bus stops, 3 strings, and destroyed the salt by putting it over by hand.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint and a written statement under B;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act and the choice of a fine for the crime (including the fact that the damage is very insignificant and the victim does not want to be punished);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Facts charged;

A. On July 18, 2019, at around 13:34, the Defendant requested the victim B to calculate the map value at the large waiting room of the D bus stops located in C at a macro-si, and the Defendant publicly insultingd the victim by making the victim’s publicly insulting the victim by making the victim’s “the thickness of gate, spoph kb kb kb head, and kb kb kb kb kb kb kb,” among the passengers waiting for buses, including E, several times.

B. On July 18, 2019, at around 15:31, 201, the Defendant publicly insultingd the victim by making the victim 1,000 won in a store located at the above bus stops, with three or four customers, and by making the victim 1,000 won in the face value. The Defendant is the face value of the flab kbb kbb kbb. The Defendant’s flab head kb. The Defendant openly insulting the victim by making a statement at a large number of times.

2. The above facts charged are crimes falling under Article 311 of the Criminal Act and can be prosecuted only when a complaint is filed pursuant to Article 312(1) of the Criminal Act. On January 2, 2020, after the prosecution of this case, a written agreement was submitted to this court stating that “the victim does not want punishment of the defendant.”

This part of the prosecution is dismissed in accordance with subparagraph 5 of Article 327 of the Criminal Procedure Act.

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