beta
(영문) 청주지방법원 2015.07.03 2014고정1056

모욕

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant had drinking alcohol and returned home within the Fju point in Heak-gu E, Soung-gu.

On November 10, 2014, at around 03:38, the Defendant publicly insultingd the police officer’s title “I will well throw away the police officer’s title to the Cheongju-gu Police Station G District, G District, which was called out after receiving 112 reports on November 10, 2014, on the ground that C police officers asked him about the loss of a mobile phone, personal information, etc., and then asked him/her of the mobile phone loss, personal information, etc.,” on the ground that C police officers in the Cheongju-gu Police Station G District, Cheongju-gu Police Station, which was called out.

Summary of Evidence

1. Each legal statement of witness C, B, and D;

1. Application of Acts and subordinate statutes of D's self-statements;

1. Article 311 of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a victim B with heavier penalty);

1. Selection of an alternative fine for punishment;

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

1. Article 186(1) of the Criminal Procedure Act asserts that the defendant does not have any desire to take part in litigation expenses and has no performance, and thus, the crime of insult is not established. However, in addition to the circumstances where the situation at the time of the defendant's cellular phone in each court statement made by the victim and witness D was recorded considerably at the time of the crime place, and the defendant did not submit to the investigation agency even though he knew of such circumstances, the defendant made the victim, who is a police officer, a desire as stated in its reasoning, and the fact that there were many persons other than the defendant and police officer, at the time of the crime scene, the above assertion by the defendant

Whether a police officer, who is a victim, has committed an insulting act of a defendant, has illegality in the process of arresting the defendant as an offender in the act of insult or statement of the defendant without affecting the establishment of the offense of insult.