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(영문) 수원지방법원 평택지원 2014.09.18 2014고단1053

공무집행방해등

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. 모욕 피고인은 2014. 6. 7. 12:35경 평택시 B에 있는 C 꽃집 앞길에서 주취 소란자가 있다는 112 신고를 받고 출동한 평택경찰서 D지구대 소속 경찰관인 피해자 E(33세)에게 꽃집 주인 등 불특정 다수인이 있는 가운데 “어린 새끼가 왜 왔냐, 좆만한 새끼야, 씨발놈아 나도 경찰 생활 6개월 했다, 내가 니 선배다, 병신새끼야, 너희들 똘아이 새끼 아니야, 가서 F이나 잡아라 병신들아.”라고 큰소리로 욕을 함으로써 피해자를 공연히 모욕하였다.

2. The Defendant expressed, at the above date and place of obstruction of performance of official duties, to E, who is recommended by the police officer, to return home from the above E, “I will see bitch bitch bitch bitch bitch bitch bitch bitch, sick bits, and bitched on the road,” and assaulted E, such as drinking a drink, thereby obstructing the police officer’s legitimate performance of duties concerning the prevention of crime and dispatch of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G and H;

1. Application of Acts and subordinate statutes to data to be investigated report, notification to the department related to the report of the 112 Incident, photographs and visual images;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine for the crime, the choice of a punishment, and the relevant Article of the Criminal Act

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the accused is led to the confession of the crime and is divided; (b) there is no other penal power except once a fine; and (c) the accused’s age, character and conduct, circumstances after the crime, etc. are considered.