모욕등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On April 23, 2020, at around 21:51, the Defendant received 112 reports in front of the ‘C' restaurant located in Seocheon-si B, Seocheon-si, and was urged to return home from the slope E, a police official belonging to the D Zone D District Police Center, which was dispatched to the site, and assaulted the above E so far by making it difficult for the Defendant to keep the shoulder.
Accordingly, the defendant interfered with the legitimate performance of police officers' duties concerning the handling of 112 Reporting Cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of F (G, E);
1. Application of Acts and subordinate statutes to a criminal investigation report (field verification and witness search) Bac video CD-recordings;
1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In addition to the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order recognize and reflects the crime of this case, there is no record of punishment for obstruction of performance of official duties, the degree of violence is relatively minor, and the defendant agreed with the victim police officers, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing indicated in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances
Public Prosecution Rejection Parts
1. On April 23, 2020, the Defendant, at the 'C' restaurant located in Seocheon-si B on April 23, 2020, insulting G, a police officer belonging to the D District Unit of the Busan High Police Station D District, who received 112 reports and dispatched to the site after receiving 112 reports from the reporter, the above restaurant, the owner of the above restaurant, and the customers are heard, thereby publicly insulting the victims by taking care of the 'Y YE' and the 'Y Y YE’ to the public.
2. The facts charged in this part of the judgment are the crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. The records of this case show the following.