beta
(영문) 서울중앙지방법원 2016.04.07 2016고정322

모욕등

Text

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

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

Reasons

Punishment of the crime

1. Around November 05, 2015, around 06:20 on November 05, 2015, the Defendant: (a) was a fluor who passed the place before the C Sports Center located in Seocho-gu Seoul Metropolitan Government; and (b) was under the influence of alcohol.

The Defendant, upon receiving a report from the police officer 112, sent out to the scene by the police officer E, and the patrol officer F, who was sent to the scene, sent the victim openly insulting the victim by having the said E and F take a bath for the Defendant’s shouldering and returning home.

2. Around 06:45 on the same day, the Defendant: (a) arrested the Defendant as an insulting offense; and (b) confirmed the personal information of the Defendant, on the same day, released the Defendant under the influence of alcohol on the part of the Defendant.

At the time of release, the Defendant committed assault on the police officer’s protective measures and prevention of crimes, such as breaking the lock by a shouldering the lock and breaking the lock by hand, pushing the above E by hand, and breaking the boom once, and making the boom by hand when the boom of the above H one time. The Defendant interfered with the police officer’s legitimate execution of duties concerning protective measures and prevention of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I and F;

1. A complaint;

1. Investigation report (a summary of video recording statement);

1. Application of Acts and subordinate statutes to the documents of prosecution (the part of the J Reports);

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the selection of fines, respectively, for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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