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(영문) 부산지방법원 2018.02.08 2017고정906
경범죄처벌법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On November 23, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) visited D District D (D) located in Busan Dong-gu, Busan; (b) talked with a civil petition, such as a complaint of taxi fares; (c) talked with a police officer working at the same place; (d) talked with his/her head and face with a large voice; and (e) interfered with his/her entry by setting up or sitting on the earth’s entrance; and (e) interfered with his/her singing in a large voice for about one hour, while drunking with a large voice, the Defendant putting him/her on the earth, and she dumpeded by a very rough or behavioral act at a public office.

2. 모욕 피고인은 제 1 항 기재 일시, 장소에서 민원인 E, 경사 F을 비롯한 경찰관들이 있는 자리에서 술에 취하여 소란을 피우다가 이를 제지하는 D 지구대 소속 경위인 피해자 G에게 “ 개새끼야, 씹할 놈 아, 짭새야, 좆 됐다, 너 죽었다 ”라고 큰 소리로 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. The defendant's legal statement (paragraph 1 of the holding), part of the legal statement (paragraph 2 of the holding);

1. Legal statement of witness G;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing global CCTV CDs;

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3(3)1 of the Punishment of Minor Offenses Act (a point of the disturbance in the official document), Article 311 of the Criminal Act (a point of insult), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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