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(영문) 대구지방법원 서부지원 2015.08.28 2015고단1032

모욕

Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On April 4, 2015, at around 03:07, Defendant A reported several occasions 112 on the front of the “D cafeteria” road located in Daegu-gu, Daegu-gu, on the ground that “A cafeteria does not issue cash receipts in the said cafeteria,” and Defendant filed a false report with the police officer stating that “A police officer was assaulted against South and North Korea.”

At around 03:35 on the same day, the Defendant: (a) confirmed the details of the report by the head of the Daegu Seo-gu Police Station E-gu Police Station Park Jung-gu, the victim dispatched after receiving a report 112; (b) refused to answer the report; and (c) took a public bath to the victim by openly insulting the victim on the job of the above restaurant business G and several customers on the job of the above restaurant business operator and the above customer, without any reason.

2. At around April 4, 2015, Defendant B, at the place indicated in the preceding paragraph, 03:35 on April 4, 2015, the Defendant: (a) expressed that the Defendant’s wife A was arrested in the act of insult as seen above; and (b) expressed that “I am f’s chest f’s chest f’s chest f’s chest f’s feet was tightly pushed down two times in good hands; and (c) assaulted Defendant B at one time, who was the Defendant’s wife.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of the police officer 112 report.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 311 of the Criminal Act; Defendant A who choose a fine: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Selection of a fine;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act