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(영문) 서울북부지방법원 2013.12.09 2013고정2795
모욕등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 01:50 on July 18, 2013, the Defendant, at the “C” restaurant located in the Jung-gu Seoul Metropolitan Government, expressed a large voice, “Around about 10 persons, including the victim D’s day-working and restaurant owners, the Defendant’s day-to-day activities, and police officers dispatched to the site after receiving a report on 112 report, she expressed the victim’s desire to “Is the victim’s day-to-day day-to-day day-day day-to-day day-day day-to-day day-day day-to-day day-day day-to-day day-off day-off day-off day-off day-to-day day-day day-off day

Accordingly, the defendant openly insultingd the victim.

2. 공무집행방해 및 상해 피고인은 제1항 기재 일시, 장소에서 112신고를 받고 현장에 출동한 서울중랑경찰서 E파출소 소속 경장 F(35세)이 폭행 및 모욕 혐의로 피고인을 현행범인체포하려고 하자 “씹새끼 개새끼 너 내 삼촌이 경찰관이다. 검찰에 고소하여 널 진정하겠다. 넌 이제 좆됐다.”라고 욕설을 하며 그의 멱살을 잡고 몸을 밀었다.

As a result, the Defendant interfered with the legitimate performance of official duties concerning the prevention, suppression, and investigation of the crime of the victim, and at the same time, damaged the victim's salves and descendants who need approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and F;

1. Statement of opinion;

1. Application of Fagic Acts and subordinate statutes;

1. Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each alternative fine for 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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