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(영문) 서울서부지방법원 2014.07.11 2014고단886

모욕등

Text

Defendant

A Imprisonment with prison labor for six months, for ten months, for defendant B, and for six months, for defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

On March 22, 2014, at around 22:10, the Defendants asserted that H, a driver of Orbane, driven a drinking alcohol to G (53 years of age) from the F District District of the Seoul Yongsan Police Station, the victim dispatched after receiving 112 reports that the contact accident occurred in the street in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, and that H, a driver of Orbane, was driven by the victim. However, the above G does not seem to have done so so, and the above H et al. are kept by the drivers of the above H et al., while Defendant B expressed that the above G “I saw, she was unable to take a bath against the police officer, she was unable to do so, she was a police officer, she was fluor, she was fluor, G only, she was fluor.”

이에 위 G이 피고인 B을 모욕죄의 현행범으로 체포하려고 하자 피고인 B의 일행인 피고인 A이 위 G에게 ”이 개새끼야, 경찰관에게 욕설하면 안 되냐, 국민으로부터 세금을 받고 일하는 경찰관에게 욕설하면 안 되냐, 씹할 놈아.“라며 몸을 들이밀며 위 G의 몸을 밀고, 피고인 C은 위 G에게 ”이 새끼야, 경찰관이 뭐야, 왜 체포하려고 하냐, 왜 아무 잘못 없는 사람을 잡아가려고 하냐“라고 욕설을 하며 앞을 가로막고, 위 G과 경사 I의 가슴과 팔 등을 붙잡아 밀치고, 피고인 B은 위 G과 I의 가슴과 팔 등을 붙잡아 밀치고, 발로 위 G의 다리를 걷어찼다.

As a result, the Defendants conspired to publicly insult the above G, and interfered with the police officer's 112 reporting duty and the legitimate execution of duty related to the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement concerning I and G;

1. A H statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 311, 136 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Code of the suspended sentence [the scope of recommendations] is the obstruction of performance of official duties.