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(영문) 서울서부지방법원 2016.05.13 2015고단3225 (1)

모욕등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around December 16, 2015: (a) around 23:15, Defendant B’s insultd the victim D (e.g., 53 years old) in Seodaemun-gu Seoul Metropolitan Government (e., 53 years old); (b) under the influence of alcohol, Defendant B deemed the urine from the following side of “E rice farm” under the influence of alcohol; and (c) there are several persons engaged in funeral, such as the husband and wife, who are the head of a frighting house, etc. around the victim; and (d) there are several persons living around the victim, including the husband and wife, who drinked around the victim; (b) “Chewing farb far f f f ch f f f f f f f

“To take a bath over several occasions.”

Accordingly, the defendant and the defendant B made a public insult of the victim in collusion.

2. 공무집행 방해 피고인과 상 피고인 B는 전항과 같은 일시 및 장소에서 누군가 사람을 때리려 한다는 112 신고 (NO. 10392)를 받고 출동한 서대문 경찰서 F 지구대 소속 경위 G 및 경사 H가 현장에 도착하여 피고인들에 대하여 노상 방뇨로 통고 처분을 하려 하자 화가 나 피고인은 경사 H에게 “ 개새끼. 씹할 놈 아, 짭새면 다냐

“In doing the bath, the chest of a slope H was pushed down by hand, and the police officers attempted to arrest the Defendant as the current offender, and the Defendant B was pushed down with a slope H.

As a result, the defendant and the defendant B conspired with the police officer to interfere with the legitimate execution of duties related to the 112 reporting duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to report on investigation (related to hearing statements by shots);

1. Articles 311, 30 ( point of insult) and 136 (1) and 30 ( point of obstructing the performance of official duties) of the Criminal Act concerning criminal facts;

1. Selection of each selective fine for a punishment (which reflects the fact that there is no record of punishment for the same kind of crime, and considering the history of the crime, etc.);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;