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(영문) 인천지방법원 2019.01.09 2018고단7727
모욕등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 모욕 피고인은 2018. 10. 06. 03:05경 인천 남동구 B 1층 건물 안에서 112신고를 받고 출동한 인천남동경찰서 C지구대 소속 경찰관인 피해자 D이 만류하자 화가 나 행인 등 다수의 사람들이 지켜보는 가운데 피해자에게 “경찰관이면 다냐, 개새끼, 씨발새끼야, 야, 뭘 쳐다봐, 죽을래, 개새끼야”, “죽고 싶냐, 병신 새끼야, 씨발 개새끼야”라고 큰 소리로 욕설하는 등 공연히 피해자를 모욕하였다.

2. When the Defendant was arrested as a flagrant offender for the crime related to paragraph (1) at the time, time, and place as stipulated in paragraph (1) at the same time, and place as stipulated in paragraph (1), the Defendant sent interest to the police officer at one time and received the face of the above victim D, a police officer, and moved to the C district located in Namdong-gu Incheon Metropolitan City, and then interfered with the police officer’s legitimate performance of duties by assaulting the victim F (32 years of age)’s arms, a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to D and F

1. Relevant Article 311 of the Criminal Act concerning the crime, the choice of punishment, and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the selection of fines);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, when the defendant was arrested in a flagrant offender as a crime of insult, interesting the police officer face, and breaking back the arms of the police officer during the process of locking the police officer back at the police station.

Although the degree of interference with the performance of official duties is not insignificant, the defendant seems to have committed a contingent crime.

In addition, the defendant was directly found to have been dead to the victim D, and D is trying to punish the defendant.

The defendant is the first offender.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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