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(영문) 인천지방법원 부천지원 2014.07.16 2014고단1105

모욕

Text

Defendants shall be punished by a fine of KRW 1,500,000.

However, the defendants did not pay the above fine.

Reasons

Punishment of the crime

1. At around 02:30 on April 13, 2014, Defendant A explained that “A victim Facheon-si’s slope G belonging to the victim Facheon-gu was not a refusal to take passengers, who was dispatched after being reported 112 while disputing the issue of boarding on the E-cafeteria located in Seocheon-gu, Seocheon-gu, Seocheon-si, and called “A shall not be a refusal to take passengers in operation in Seoul” to the victim, “A police officers who are not aware of the law shall have been aware of this shape, weather, and inside,” and “a police officer who is aware of the law shall have come to know of the shape, weather, and opening,” and even after the victim’s warning that he would not desire, the victim publicly insultingd the victim by saying “I am going to do so. I am. I am.”

2. Defendant B, at the date, time, and at the place specified in paragraph (1), committed assault, such as assaulting, “At present, to be present, to be known as a flagrant offender of the offense of insult A,” “I have come, to be present, to be present, to be known as the head of the offense of insult,” and booming the chest of slope G by hand, to be knicked with his arms, thereby obstructing police officers’ legitimate performance of duties concerning the maintenance of public order and prevention of accidents involving visitors.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the prosecutorial statement concerning G;

1. Application of H’s written Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 311 of the Criminal Act (Selection of Fine);

B. Defendant B: Article 136(1) of the Criminal Act (Selection of Fine)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act