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(영문) 의정부지방법원 2018.06.22 2018고단1627
모욕등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around March 23, 2018, at around 23:40 on the front of the restaurant located in Namyang-si, Gyeonggi-do, and reported to 112, the Defendant expressed a defect in the process of having a police box belonging to the Namyang-si Police Station C commander of the Namyang Police Station, and the victim slope E, who was the Defendant, driven a drinking alcohol while drinking, and tried to measure the Fran alcohol level against the Defendant. As the Defendant was prevented from suffering from the damage, the Defendant publicly insultingd the victim by referring to the following: (a) the restaurant employees G, etc.: “I have to go through a shot, governance; (b) I have to go to go to the shot, shot, and sargue, “I have expressed a great desire”.

2. The Defendant interfered with the performance of official duties, at the time and place specified in paragraph 1, was subject to the removal from E slope, and assaulted E’s face, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, the selection of a fine for a crime (a point of obstructing the performance of official duties), and the selection of a fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In order to establish the legal order of the country with which the sentencing of Article 334(1) of the Criminal Procedure Act was based on the order of provisional payment and to eradicate the light of the public authority, it is necessary to strictly punish the crime obstructing the performance of official duties. However, considering the fact that the defendant led to the confession of the defendant, the fact that the defendant has no criminal history, and other circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as set forth in the arguments of this case shall be determined as ordered.

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