beta
(영문) 인천지방법원 부천지원 2013.11.01 2013고단2635

폭행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 23, 2013, the Defendant: (a) around 01:00 on July 23, 2013, at “D main points” operated by the Victim C (year 27) in Kimpo-si B, the Defendant refused to use alcohol and then requested payment of the drinking value; (b) Handphones (galtho S3) twice blick part of the victim’s left side blick, and (c) made one time the part left left part of the victim’s face with the upper part.

2. The Defendant obstruction of performance of official duties is able to pay the drinking value to the Defendant who refuses to pay the drinking value by the slope F belonging to the 2 team of the Kimpo Police Station E commander of the Kimpo Police Station, who called the Defendant to the scene by assaulting the victim at the time and place specified in Paragraph 1, and the Defendant left the left part of the chest F, who prevented him from paying the drinking value.

Accordingly, the defendant assaulted police officers who perform duties related to 112 reporting and interfered with legitimate performance of official duties.

3. 모욕 피고인은 제1항 기재 일시경 김포시 G에 있는 E파출소에서 경찰관 F, 경찰관 H 등 경찰관 4인과 C, 성명불상의 일반인 1인이 있는 상황에서 위와 같은 사실로 자신을 현행범 체포한 것에 불만을 품고 피해자 F에게 “병신새끼, 지랄하고 자빠졌네, 생긴게 또라이네, 니가 경찰이냐, 이 씹쌔끼야, 쓰레기 같은 놈”이라는 등의 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. A written statement of I;

1. Application of Acts and subordinate statutes, such as site photographs;

1. Although the pertinent Article of the Criminal Act and Article 136(1) of the Criminal Act provide that the indictment for the selection of criminal facts is stated in Article 314(1) of the Criminal Act, it is obvious that it is a clerical error, and even if it is corrected ex officio, it does not seem to hinder the Defendant’

(Obstruction of Performance of Official Duties), Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult), and the choice of imprisonment, respectively.

1. The Criminal Act among concurrent crimes.