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(영문) 대전지방법원 천안지원 2015.05.15 2015고단196

모욕등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On November 4, 2014, the Defendant: (a) around 00:45, at the D convenience store located in Asan-si, Asan-si (hereinafter “Asan-si”); (b) the Defendant, under the influence of alcohol, was able to sit and lock, stated the facts charged against G, a slope belonging to the F Zone Team of the Asan-gu Police Station, which was dispatched to the site after receiving the said convenience store E- 112 report; (c) however, according to evidence, the Defendant appears to be a clerical error of “G,” and accordingly, all relevant parts were corrected.

At the place where the number of 5-6 persons, such as a person who received a recommendation for returning home from the victim, the victim publicly insultingd the victim by openly booming him/her on several occasions, such as “wegth, Chewing, caring,” “wegthing, chewing,” and “ deadly,” etc.

2. At around 00:50 on the same day as indicated in the preceding paragraph, the Defendant expressed, in front of the F District of the Asan Police Station F District located in H at the same time, the Defendant expressed that he was aware of insult, such as the preceding paragraph, that he was arrested in flagrant offender G by the said police officer G, and that he spited the G’s face once.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Statement prepared by the I;

1. Statement of the investigation report; and

1. Application of statutes on images of on-site photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine for the crime, the choice of a punishment, and the relevant Article of the Criminal Act

1. From among concurrent crimes, the Defendant spite, among the concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the maximum amount of two crimes of obstruction of the performance of official duties, which are prescribed by the heavier punishment), even though the period of suspension of execution, he/she takes a bath to the police officer, and so, he/she needs to wear the awareness of the offense by sentencing a severe punishment to the Defendant.

However, the defendant is drunk at the time.