A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On March 21, 2019, the Defendant had been sentenced to a suspended sentence of three years on May 24, 2019 by the District Court of the Republic of Korea for the crimes of obstruction of performance of official duties, etc. and the judgment became final and conclusive on May 24, 2019.

The indictment only states that it is pending in the appellate court after being sentenced to the judgment of the court of first instance for the crime of obstruction of performance of official duties, but the above crime of obstruction of official duties is finalized during the proceeding of this case, and there is no impediment to the defendant's exercise of his right

Punishment of the crime

1. 모욕 피고인은 2018. 6. 4. 01:25경 서울 강서구 B에 있는 C식당 앞 노상에서 싸움이 있다는 112 신고를 받고 출동한 서울강서경찰서 D지구대 소속 경사 피해자 E으로부터 사건 경위에 대한 질문을 받자 갑자기 “씨발 놈들 꺼져라 개새끼들아 내가 피해자인데 누구한테 가서 뭘 듣고 니들이 판단을 하는거냐”고 욕설을 하여 E으로부터 욕설을 하지 말 것을 수회 요구받았음에도 인근 매장 점원인 F 등이 듣고 있는 가운데 계속하여 “씨발 새끼들 좆도 모르면서 꺼져라 개새끼야”라고 욕설을 하여 피해자를 공연히 모욕하였다.

2. The Defendant assaulted the police officer E, at the time and place specified in paragraph (1), that he/she could be punished as a crime of insult against the abusive acts mentioned in paragraph (1) from the police officer E at the time and place specified in paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in charge of sending the 112 Report.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and G;

1. Statement to E by the police;

1. On-site photographs;

1. A previous conviction: A report on the result of confirmation of the previous conviction before the disposition is based on the fact that the police of several persons are prone to the excessive suppression, but the walking of the E's bridge does not constitute an act identical to that stated in the facts charged, and it is excessive suppression as above.