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(영문) 인천지방법원 2016.02.02 2015고단7165
모욕등
Text

A defendant shall be punished by imprisonment for a period of five months.

Of the facts charged in the instant case, the victim C is insulting.

Reasons

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to imprisonment with prison labor for one year, two months, and a fine of 600,000 won in the Incheon District Court for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Incheon District Court on December 18, 201, and completed the execution of the said sentence at the Child Training Prison on September 27, 2015

1. The Defendant, in relation to the victim D, was arrested as a current offender on the same date and time as paragraph 2, at a place, and was arrested at the same time and at the same time, and was waiting to undergo an investigation at the Incheon Southern-dong Police Station located in 668, Nam-dong, Incheon, Incheon, as in the same day, in order to undergo an investigation at the office of criminal duty and the office of criminal duty, he reported to the police station. While there was a person who appeared at the police station, the process of the police station affiliated with the above police station was to have the victim D “Y Y

The victim openly insultingd the victim by referring to "Ra, police boms, and friende".

2. On November 7, 2015, the Defendant, at around 01:30, was aware of the trade name “F” located on the second floor of building E located in the Namdong-gu Incheon Metropolitan City, the Defendant was able to take a bath to employees C, and the victim G (the age of 35) of the operating entity (the age of 35) was able to do so.

The victim interfered with the legitimate main business of the victim by force for about two hours, such as avoiding disturbance with large noise, allowing other customers to drink alcohol in the middle, and throw away alcohol in the middle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, C, and D;

1. A complaint filed in D;

1. Each statement of H and I;

1. Previous convictions: Inquiries about criminal history, reporting on investigation (verification of suspect repeated crimes), and application of Acts and subordinate statutes to inquire about prisoners;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense (the point of insult, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The punishment of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has many records of the same kind of reasons for sentencing, and it has been committed not only during the period of repeated crimes, but also during the period of repeated crimes.

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