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(영문) 인천지방법원 2009.11.19 2009고정2880

상해 등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 15, 2009, the Defendant was demanded to present an identification card, along with the statement that “A police officer affiliated with the Incheon Bupyeong Police Station E Zone E Zone of the Incheon Bupyeong Police Station, who was carrying out inspections at the above location after drinking alcohol on the front of D on the road located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and was carrying a bicycle, and was conducting inspections at the above location.”

In the process, the Defendant: (a) inspected the Defendant by F with a usual inspection; and (b) took a bath to deem that “this franchise, age, franchise is check-up to the Army Captain origin; (b) assaulted the F’s franchise to the bottom by breaking it over the floor, thereby obstructing the police officer’s legitimate performance of duties related to the prevention, suppression, and investigation of the crime; and (c) at the same time, franchise, etc. need to be treated for approximately three weeks to the victim F (year 26).

2. 모욕 피고인은 위 일시, 장소에서 위와 같이 F과 실랑이를 하고 있을 때 같은 소속 경위 G(53세), 경사 H(42세)가 피고인을 제지하며 “경찰관에게 이러시면 안 됩니다. 경찰관이 검문하는 거니까 이해하고 협조해주세요.”라고 말한 것에 화가 나 함께 검문을 하고 있는 경찰관 3명이 있는 자리에서 피해자 G에게 “넌 또 뭐야. 힘없는 놈들이. 니가 짱이냐. 내가 누군지 알아 씨팔놈들이 짜증나네.”라고 욕설하고, 피해자 H에게 “이 씨팔놈아, 개새끼야.”라고 욕설을 하는 등 공연히 피해자들을 각각 모욕하였다.

Summary of Evidence

1. Each legal statement of witness G, H and F;

1. Part II of the second police suspect examination protocol against the defendant;

1. Each police statement concerning G, H and F;

1. A medical certificate;

1. A complaint;

1. Application of Acts and subordinate statutes to a report on situation, place of work, and a copy of a map;

1. Articles 136 (1), 257 (1), and 311 of the Criminal Act concerning the facts constituting an offense;

1. Commercial concurrence.