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(영문) 서울서부지방법원 2014.07.22 2014고단1273

모욕

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by imprisonment for up to eight months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A, around 02:00 on May 21, 2014, demanded Defendant A and a first-hand B, who drinks alcohol in E-cafeteria operated by the victim D in Mapo-gu Seoul Metropolitan Government, to calculate and return to the end of the business hours, Defendant A, while deeming his/her employees F, etc., made a demand that Defendant A and a first-hand B were able to have his/her employee F, etc., “I singly sing off, sing off, sing off, sing off, sing off, sing off, sing off, and sing off, sing off, sing off, sing off, and sing off,

2. Defendant B, at the time and place set forth in the preceding paragraph, tried to stop the front of the defective patrol vehicle in which the victim H, the head of the police station affiliated with the Seoul Mapo Police Station G District, arrested the said A as a flagrant offender under the suspicion of insult, and attempted to go on the patrol vehicle to stop the front of the patrol vehicle, and “I am off the police fright, who has no crime,” and to go on the front of the patrol unit.

Therefore, the victim's body was pushed back from the patrol car to the right side of the victim's body, asked the victim's body, and obstructed police officers' legitimate execution of duties and arrest in the act of committing a crime, and at the same time, the victim injured the victim such as the right side of the treatment days on the right side of the treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D and H;

1. A written statement of F and I;

1. Application of photographs of damage and Acts and subordinate statutes on complaint;

1. Relevant legal provisions pertaining to criminal facts A: Defendant B of Article 311 of the Criminal Act: Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who commits a serious injury heavier than that of the defendant B);

1. Defendant A’s option of punishment, and Defendant B’s option of imprisonment

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

1. Suspension of the execution (Defendant B) Article 62(1) of the Criminal Act (The favorable circumstances among the reasons for sentencing below) 1.