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(영문) 수원지방법원 평택지원 2017.10.18 2017고단1280

모욕등

Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 4 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

On May 19, 2017, the Defendants were required to present an identification card to the police officers belonging to the Pyeongtaek-si Police Station who received 112 reports while they were about about 00:40 in Pyeongtaek-si D.

1. Defendant A

A. Although the Defendant violated the Immigration Control Act, while staying in Korea as an alien of Chinese nationality, did not carry a passport, alien registration certificate, etc. on May 19, 2017, the Defendant did not comply with a police officer’s request to present an identification card on the front side of the “F cafeteria located in Pyeongtaek-si,” and did not carry a passport, etc. on May 19, 2017.

B. When the Defendant received a demand from the victim G, a police officer affiliated with the above police station to present an identification card at the same time and place, the Defendant publicly insulting the victim by openly insultingly booming the victim by “I am bitch bitch bitch bitch bitch bitch of the Korean police in the year our identity should be informed of his identity without being heard.”

2. Defendant B, on May 19, 2017, at the front of the “F cafeteria” in Pyeongtaek-si E on May 19, 2017, the Defendant reported the appearance of friendly A being arrested as an insulting current offender, and, at the same time, the victim G, a policeman belonging to the Pyeongtaek-si Police Station, who is a policeman of Pyeongtaek-si Police Station due to a large sound.

“The police officers who continued to arrest the above A were released from H to the police officers belonging to the Pyeongtaek-gu Police Station, and the police officers, who continued to arrest the above A, left the said H’s arms in strashing.

Accordingly, the defendant abused the victim openly, and assaulted police officers who were performing legitimate duties concerning the handling of reports and criminal investigations, thereby hindering the execution of official duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. A written statement of I and J;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article of the Criminal Act and subparagraph A of the choice of punishment regarding the facts constituting an offense: Article 311 of the Criminal Act (Appointment of insult and fine).

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