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(영문) 서울남부지방법원 2014.07.02 2014고단1731
모욕등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 00:10 on February 5, 2014, the Defendant, who had a dispute over the payment of taxi articles E and taxi fares in front of the D District located in Guro-gu Seoul Metropolitan Government, provided that the Defendant expressed the victim F of the police officer affiliated with the D District, who was dispatched upon receipt of a report, that “I am, Chewing typ, sick satis, and NA satis.”

2. 공무집행방해, 상해 피고인은 2014. 2. 5. 02:00경 서울 구로구에 있는 서울구로경찰서 복도에서 전항과 같은 이유로 현행범으로 체포되어 걸어가던 중 갑자기 주저앉고, 이에 대해 D지구대 소속 경찰관 피해자 G(44세)이 일어나라고 하자 벌떡 일어나 “이 새끼들 경찰이면 다냐, 왜 자꾸 건드리냐, 씹할놈들 죽어볼래”라고 말하며 피해자의 무릎을 1회 걷어 찼다.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest and transfer of police officers in the act of committing an act of committing an act of crime, and at the same time, the defendant puts down the right slicks and slicks that require treatment

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A complaint;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 311, 257 (1) and 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences (the crimes of injury and obstruction of performance of official duties);

1. Selection of each selective fine for sentencing (the following extenuating circumstances shall be considered among the reasons for sentencing):

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 sentencing guidelines are not applicable according to the choice of a fine on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act. Each of the instant crimes is insulting a police officer, obstructing a police officer’s legitimate duty to maintain order, and inflicting an injury on a police officer.

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