(영문) 수원지방법원 안산지원 2015.01.20 2014고정383

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(영문) 수원지방법원 안산지원 2015.01.20 2014고정383

모욕

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

At around 00:55 on December 21, 2013, the Defendant publicly insultingd the victim by “D” on the front of the “D” road located in Silung-si, 00:55, the Defendant reported the occurrence of the incident by the Defendant and sent to the site by the Defendant at the 112-report, and thereby called “F,” to the police officer belonging to the Silung Police Station Ecom, who was called to the site.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) 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;

1. As to the Defendant’s assertion of Article 186(1) of the Criminal Procedure Act, the Defendant asserts that at the time of the instant case, the police officer’s act constituted a legitimate act as a passive resistance against unfair performance of official duties, on the ground that the Defendant’s act was merely a passive resistance against the duty of care, inasmuch as the police officer tried to take the Defendant out and forced the Defendant to do so.

In light of the following circumstances acknowledged by the evidence above, the Defendant’s act cannot be deemed as a justifiable act as a passive resistance, in light of the following circumstances: (a) the F, upon arrival at the reported scene, asked a person who destroyed the favorable interest of the Defendant; (b) the F, given a warning that the F would stop her bath, the Defendant continued to engage in her bath, and (c) the F, notified the Defendant of the prudent principle; and (d) the Defendant was arrested as an insulting offender in the crime of insult; and (b) the Defendant attempted to destroy the f, such as attempted to take a flag at the police box; and (c) the police officer used the flag.

참조조문

유사 판례

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