Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. At around 01:40 on July 24, 2014, the Defendant of the obstruction of performance of official duties: (a) expressed a desire to “C” drinking house located in Jeju-si, Jeju-dong Police Station D District Unit, E, and slope F, of which the Defendant called upon receiving a notification that the Defendant would not pay the drinking value; (b) expressed the face to the face of E; (c) put the face on the face of E; (d) put the wall side of E in drinking; and (e) requested a presentation of identification card; and (e) interfere with the fair performance of duties by police officers concerning the prevention and investigation of crimes.
2. 모욕 피고인은 제1항 기재 일시장소에서, 그곳 술집 주인인 G 등 2명이 있는 상황에서 피해자 E 경위에게 “짭새 새끼들아, 짭쌔들이 제일로 잘 하는 짓거리가 뭔지 알아. 이런 개 같은 상황이 있냐. 너 몇 살이야 당신들은 업소에서 부른 사람들이고 업소 사람들과 친구냐. 멍청한 짭새 새끼들아.”라고 소리치는 등 공연히 피해자를 모욕하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each police protocol of statement to E and G;
1. Relevant statutory provisions and the choice of punishment for the crime: Article 136(1) of the Criminal Act and Article 311 of the Criminal Act; Selection of a fine;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of punishment: Selection of a fine;
1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;
1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: The recognition of a crime is contradictory to the recognition of the crime, the fact that there is no record of criminal punishment except for a fine of 200,000 won due to a violation of the Road Traffic Act in 191, and that the wife and four children are supported by the wife and four children: