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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
가. 사실 오인 및 법리 오해 피고인이 피해 경찰관들에게 공소사실 기재와 같은 말을 한 사실이 없다( 사실 오인). 다만 피고인은 자신에게 부적절한 언동을 하는 피해 경찰관들에게 이를 지적하는 의미로 ‘ 왜 짭새같은 행동을 하세요’ 라는 취지의 말을 하였을 뿐이고, 이는 위 표현이 행하여 지게 된 경위와 맥락에 비추어 사회 상규에 위배되지 아니하는 행위로 볼 수 있으므로 형법 제 20조에 의하여 위법성이 조각된다고 보아야 한다( 법리 오해). 그럼에도 이 사건 공소사실을 유죄로 인정한 원심판단은 사실을 오인하고 법리를 오해한 잘못이 있다.
B. The lower court’s punishment (the amount of KRW 500,000,000 and the cost of lawsuit) against an unjust defendant is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and examined as to the assertion of mistake of facts, the Defendant may sufficiently recognize the fact of patent insult by openly referring the damaged police officers, such as the statement of facts charged, to the police officers.
Therefore, we cannot accept this part of the defendant's assertion.
1) From the investigation stage to the court of the court below, the victimized police officers consistently called the Defendant to the scene for a case reported by 112 as a matter of singing rates arising between the Defendant and the Defendant, and then asked the Defendant about the circumstances of the instant case. The Defendant allowed the Defendant to talk with the victimized police officers, including two police officers assigned to the said singing room and one police trainee, who was dispatched before the said singing room, and one police trainee, to give the same desire as indicated in the facts charged. Although the victimized police officers sent a warning that they would be punished as a crime of insult, the Defendant continued to demand the presentation of an identification card on the part of the victimized police officers, the Defendant refused to comply with such demand.