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(영문) 의정부지방법원 2014.07.14 2014고단1502

모욕등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. 모욕 피고인은 2014. 4. 24. 05:50경 경기 포천시 B에 있는 C에서 종업원과 다투던 중, 신고를 받고 출동한 포천경찰서 D지구대 소속 경찰관인 피해자 E가 피고인에게 사건경위에 대하여 질문을 하자, 손님 2, 3명이 듣고 있는 가운데 피해자에게 ‘이 씨발, 좆같은 소리 그만하고 내 핸드폰 찾아내라. 너 이 새끼야 장난하냐, 신분증 내놔봐라, 너가 경찰이냐 씨팔놈아’라고 욕설을 하여 공연히 피해자를 모욕하였다.

2. The Defendant refused to present an identification card at the above date, time, and place as above, and obstructed the police officer’s legitimate execution of duties concerning criminal investigation by assaulting the above E and F, which are the police officer belonging to the same district group, by putting his hand as if he would put his face while going against the above E’s face. As stated in paragraph (1) above, the Defendant saw the above E as a voking to arrest the Defendant on suspicion of insult, etc., and continuously sprinking the Defendant’s fat, which is a police officer belonging to the same district group.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. A report on investigation (report on the F telephone call at the seat of the victim D District police officer);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act; Article 311 of the Criminal Act; Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each alternative fine for punishment;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are written applications to the effect that the defendant's reason for sentencing under Article 334(1) reflects the fact of the crime, there is no same criminal record, there is no criminal record above the suspended sentence, and the police officer E wishes to punish the defendant significantly.