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(영문) 서울북부지방법원 2019.03.27 2018고단5280

모욕등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On November 30, 2018, around 02:55, the Defendant: (a) was boarding a taxi operated by B prior to the exit of 102 Sung-gu, Seongbuk-gu, Seoul, Seongbuk-gu, 102 Seongbuk-gu, but did not talk with a destination; (b) it became a trial expense; and (c) the victim D, a police officer of the C District District, who received 112 report and sent out, could help the Defendant come home to the Defendant with a house to talk with his destination; and (d) the Defendant expressed an identification card to show it; and (e) expressed that the victim would have been “Y-gu shot spaths” to publicly insult the victim.

2. The Defendant, at the same time and place as in the preceding paragraph, took a bath as in the preceding paragraph, attached the above D’s arms, who is a police officer, and said D said D’s body’s hand to be a site to the Defendant, and assaulted the Defendant at one time to the right side of D’s own left part, with his own left part of drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. B written statements;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Relevant Articles 136(1) and 311 of the Criminal Act concerning the facts constituting an offense (the point of performing official duties), Article 311 of the Criminal Act, and the selection of fines, respectively;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the crime of this case is a crime requiring strict punishment due to an inferior nature of the crime, since the crime of this case was committed by a police officer who performs official duties.

However, there is no same criminal history for the accused, and the accused is divided, and the circumstances leading to the obstruction of performance of official duties of this case and the form of such act shall be determined as the order.