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(영문) 서울서부지방법원 2014.04.18 2013노1466

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that police officers illegally arrest the defendant, such as plucking, plucking, etc. of the defendant first, and thus, the defendant fighted against the defendant, and thus, the defendant's insulting act constitutes self-defense.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the following facts can be acknowledged.

① Around 01:00 on January 19, 2013, the Defendant got out of the said place of business on the ground that the Defendant, while drinking alcohol at G main points located in Mapo-gu Seoul Metropolitan Government, committed an indecent act against women within the said main points.

(2) The defendant, while she was under his/her duty to take care of, etc., filed a report directly with 112 and became a police officer.

At the time of the report, the Defendant had been unable to confirm the contents of the report under the influence of alcohol.

③ Around 01:28 on the same day, the police officer F and E were called to the above main points, and the Defendant and the witness D confirmed the same circumstances as the above. During the process of factual verification, the Defendant began to take a bath.

④ In order to have the Defendant returned to the road by getting a taxi, the victim E, a police officer, moved the Defendant’s arms to the road. The Defendant, without following or investigating the president, etc. of the above main station, expressed the victim of the defect that the police officer: “I am back to the ice, she must do so, to the effect that I am back to the Defendant.”

⑤ The victim sent a warning to the Defendant that it constitutes a crime of insult, but the Defendant continued to notify the Defendant of the criminal suspect’s right, etc., and arrested the Defendant as an offender in the crime of insult.

B. According to the above facts, the victim did not pluck up or pluck up the defendant's arms, and the defendant took a bath against the victim.