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(영문) 인천지방법원 2019.06.26 2019고단3176
모욕등
Text

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

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

Reasons

Punishment of the crime

1. On May 10, 2019, at the Seo-gu Incheon Seo-gu 2tel underground parking lot, the Defendant insultd the victim publicly by publicly speaking, “Woo-to-tack, kack-kack-kack-kack-kack-kack-kack-kack, Nar-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kacked

2. Performance of official duties;

A. On May 10, 2019, the Defendant took a bath to the victim D, who is a police officer, due to the same circumstance as the statement in paragraph (1) on May 10, 2019, and prevented the victim from operating patrol cars over the Defendant’s two arms.

Therefore, when the victim gets off from the patrol car, he saw the victim's chest with his clothes, tried to walk the victim with his clothes, tried to walk the victim with his fingers, and assaulted the victim's face twice by hand, etc.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

B. On May 10, 2019, at around 12:47, the Defendant spited the face of the above victim who transferred the Defendant at the integrated party room of the Incheon Western Police Station located in 77, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of statutes, such as photographs of victims;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense, and the choice of punishment, and Article 311 of the Criminal Act (Selection of each fine in consideration of the fact that the degree of exercise of force is not severe, etc.);

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 Criminal Procedure Act;

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