logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.12.12 2013노4501
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant illegally arrested the police officer without satisfying the requirements for arrest of the victim in the act of crime, and the Defendant expressed the victims at the police box as stated in the facts charged. Thus, the Defendant’s act constitutes legitimate act or self-defense, and there was no intent to insult the victims.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misapprehension of legal principles.

2. In full view of the evidence duly adopted and examined by the court below, in light of the fact that the police officer committed a crime of indecent act by force against H at the time of the arrest of the defendant, the fact that the defendant was a criminal committed by force at the time of the arrest of the defendant, and the details and the attitude of the defendant at the time of the crime, etc., it is sufficiently recognized that the punishment of the act, the current and part-time contact of the crime, the apparentness of the crime and the necessity of arrest and the necessity of the criminal. Accordingly, F, who is a police officer, G, notified the defendant of the summary of the offense, the reason for arrest, the reason for arrest, the right to appoint a counsel, etc., and arrested the defendant as an flagrant offender through legitimate procedures (Evidence record 26 to 30, 39 pages). Thus, F and G, a police officer, were lawful, and thus, arrest the defendant as an flagrant offender was unlawful.

We cannot accept the defendant's assertion that the defendant was a self-defense or legitimate act to oppose the illegal arrest.

On the other hand, the Defendant alleged that he had no criminal intent to insult when he takes a bath as stated in the facts charged. However, in full view of the fact that the Defendant, after having been arrested as a flagrant offender at the scene, took a serious bath while being investigated as a suspect by the police box, and the statement of the victims, etc., the Defendant is the victims.

arrow