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(영문) 서울북부지방법원 2020.10.28 2020고정1007

모욕

Text

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

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

Reasons

Punishment of the crime

The defendant is a criminal defendant, and the victim B (the South and the age of 27) is a police officer belonging to the Seoul Dongdaemun Police Station C police station.

피고인은 2020. 5. 13. 18:40경 서울 동대문구 D 시장 앞에서, 경찰관인 피해자가 보행자 신호가 적색임에도 무단 횡단하는 행인 4명 중 피고인만 제지하면서 자신에게 반말을 하였다며 그 곳을 지나는 성명불상 여러 사람들이 지켜보는 가운데 피해자에게 "싹퉁머리 없는 새끼, 쌍놈의 새끼, 어린놈의 새끼가, 씨팔놈"이라고 큰 소리로 욕설하여 공연히 피해자를 모욕하였다.

Summary of Evidence

Witness

B, each legal statement of E

1. The head of the accusation and the investigation report (Attachment of video at the site of the case) [the defendant merely expressed a desire at the defense level against the wrong performance of duties by police officers, so illegality should be avoided and there was no purpose of slandering it. However, according to the evidence mentioned above, it is recognized that the behavior of the victim done before the defendant takes a bath like the statement in the judgment of the victim constitutes legitimate performance of duties as a police officer. Thus, illegality cannot be avoided for reasons like the above argument, and the existence of the purpose of defamation does not affect the establishment of the offense of insult]; the above evidence is applied to the law.

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

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