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(영문) 광주지방법원 2017.06.15 2017고단1717

모욕등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around March 9, 2017, at around 01:53, the Defendant’s insultd the victim by openly insulting the victim by referring the victim G, a private person, who was called “C” in the Seo-gu, Seo-gu, Gwangju by receiving a 112 report without any justifiable reason, while hearing D, E, etc. who is an employee, at the time of 112 report.

2. Around 02:00 on the same day, the Defendant was arrested as an offender of the offense of insult in the above “C” on the same day, and the Defendant spits spit the face of the above H and walked three times on the right bridge on the left surface, and obstructed police officers’ legitimate performance of duties by assaulting the border I’s right side side of the horse lap belonging to the above earth, which restrains this, such as a single shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and H;

1. Each written statement of E and G;

1. Complaint;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

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

1. Criminal Procedure Act provides two criminal records of obstructing the execution of official duties in the sentencing of Article 334(1) of the Criminal Procedure Act, and criminal records of obstructing the execution of official duties are crimes during the period of suspension of execution, and criminal records of obstructing the execution of official duties are criminal acts during the period of suspension of execution. However, the criminal records are those of obstructing the execution of official duties. The criminal records are as follows: (a) the police, who was dispatched to the police upon one's report that he/she was assaulted by another, was asked by another person, thereby causing the crime; (b) the police officer did not want punishment against the defendant; and (c) the police officer committed the crime of obstructing the execution of official duties