(영문) 부산지방법원 2017.11.24 2016나8265 | 리걸엔진

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(영문) 부산지방법원 2017.11.24 2016나8265

손해배상(기)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought consolation money due to insult and obstruction of performance of official duties against the Defendant. The first instance court partly accepted the claim of consolation money due to insult, and dismissed the claim of consolation money due to obstruction of official duties.

Accordingly, the Defendant only appealed against the claim for consolation money due to insult, and thus, the subject of this Court’s judgment is limited to the claim for consolation money due to insult cited as above.

2. Facts of recognition;

A. The plaintiff is a police officer, and the defendant is an Internet instructor.

B. On September 1, 2013, around 06:40 on September 1, 2013, the Plaintiff: (a) received a report from foreigners around the Nam-gu Busan Metropolitan City convenience store to drink and sprinke the alcohol; (b) sent to the above place; and (c) the Defendant, “I do not have any error in our country; and (d) recommended the Plaintiff to return home again to the Defendant; (b) the Defendant, upon soliciting the Plaintiff to return home again, she took a bath to the Plaintiff, such as “the police officer is flick.” The Defendant insulting the Plaintiff by taking a bath as follows:

C. On the other hand, the defendant was the case of obstruction of the performance of official duties, insult, etc. by the Busan District Court 2013 High Court 2981.

On July 23, 2014, the Defendant was sentenced to a fine of KRW 2 million on the criminal facts that interfered with the performance of official duties in the course of arrest as criminal facts and flagrant offenders, such as the same crime as mentioned in the foregoing paragraph, and the Defendant appealed as this court 2014No2674. The above court on November 9, 2017.

As to the facts constituting an offense, such as the foregoing, the Defendant rendered a not-guilty verdict on the part that the Defendant interfered with the performance of official duties in the course of arrest as a guilty and a flagrant offender, and sentenced the Defendant to a fine of KRW 70,000,000 to the Defendant, and the Defendant’s appeal against the above judgment

hereinafter the above criminal case is the case.

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