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(영문) 서울남부지방법원 2019.10.10 2019고단1667

모욕등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defluence;

A. On December 29, 2018, around 14:40 on December 29, 2018, the Defendant: (a) sent to the site after receiving a report from 112 that there is a customer accompanied by a ccafeteria located in Yangcheon-gu Seoul Metropolitan Government; (b) the security guards belonging to the D Zone E who called to the site would continue to give a police officer a notice due to interference with his/her duties; and (c) the victim’s slope victim F (the age of 36) belonging to the D Zone would not speak against the victim; and (d) said, the Defendant made a public fluence to the victim, “I am, several murders, I am to do so, I am to do so, and I am to do so.”

B. On December 29, 2018, around 15:35, 2018, the Defendant publicly insultingd the victim E (the age of 48) who was sent to the site after receiving a report of 112 as described in the above paragraph (a) prior to the He sales outlet located in Yangcheon-gu Seoul Metropolitan Government, on the ground that the victim E (the age of 48) was subject to the Defendant’s disposition of notification due to interference with the business of the said Ccafeteria, and made the Defendant take a public bath to the victim “We must do so.”

2. Performance of official duties;

가. 피고인은 2018. 12. 29. 15:00경 위 C식당 앞에서 제1항 기재와 같이 112 신고를 받고 현장에 출동한 D지구대 소속 경위 E가 피고인에게 업무방해로 인한 통고처분을 하였다는 이유로 화가 나 위 경위 E에게 ‘내가 전에 경위도 깠다고 그랬죠, 또 깔 수도 있지, 어차피 나 들어가면 농약 먹을건데’라고 말하며 협박을 하고, 경찰관들이 순찰차를 타고 이동하려고 하자 몸으로 순찰차 앞을 가로막는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the crime prevention and patrol of police officers.

B. The Defendant, at the time and place specified in Paragraph 1(b) and on the foregoing grounds, expected the patrol team while carrying out the patrol duty to be carried out by E, and kept the front of the patrol team, and led to the face of the said E.