Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

피고인은 2012. 9. 29. 16:45경 화성시 C 소재 피고인 운영의 'D렌트카' 사무실에 차량을 렌트했던 고객으로부터 물건이 없어졌다는 신고를 받고 출동한 피해자 E파출소 경사 F, 순경 G에게 자신이 운영하는 사무실에 온 것이 기분이 나쁘다는 이유로, 동네주민 등 불특정 다수인 10여명이 있는 가운데 손가락으로 삿대질을 하며 "와우리 새끼들이냐, 너희 경찰 새끼들 뭐하는 새끼들인데 좆나게 할 일이 없어서 여기에 왔느냐, 경찰관이 좆빤다고 여기에 와 씹새끼들 좆나게 할 일 없네"라고 욕설하여 피해자들을 공연히 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of the police statement law to H

1. Relevant provisions of the Criminal Act and Article 311 of the Criminal Act concerning the selection of punishment;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is as follows: (a) at the time and place indicated in the judgment; (b) the Defendant committed assault, such as putting the Defendant into hand the breath of the slope F, which was trying to arrest him as an offender in the crime of insult; and (c) having a police officer take the inside part of G with his hand the inside part of G with his hand and put him into the floor, thereby obstructing the police officer’s legitimate performance of official duties.

2. The summary of the defendant and his defense counsel's assertion that the act of F and G to arrest the defendant as a flagrant offender is unlawful, and thus, even if the defendant assaulted F and G in the process of opposing this, the crime of obstruction of performance of official duties is not established.

3. Determination

A. Legal principles may arrest a flagrant offender without a warrant.

(Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender, the punishment of the act is imposed, and the crime is committed.