(영문) 서울동부지방법원 2014.01.15 2013고정2121

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(영문) 서울동부지방법원 2014.01.15 2013고정2121

모욕

Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 17:00 on July 21, 2013, the Defendant publicly insultingd the victim on the part of the victim G (58 years old) who was a police officer belonging to the F District in the Seongdong Police Station in Seoul, Sungdong-gu, Seoul (F District 58 years old), who was called upon receiving a report, and tried to arrest the Defendant as a flagrant offender, on the part of a large number of defective people, the Defendant considered the victim as follows: “I will see why???????????????????????????????????????????????????????????????????

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A written arrest of a flagrant offender and a record thereof;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's defense counsel on the grounds of conviction under Article 334 (1) of the Criminal Procedure Act alleged that the defendant's defense counsel was illegal since the arrest of the defendant in the act of committing an act of violence was conducted without notice of the principle, but according to the evidence duly adopted and examined by this court, the defendant was notified of the principle of Disturbance by the police officer H when the defendant was dispatched after receiving a report of son E and fighting, the defendant took a bath over several times, the victim, who was a police officer dispatched together with the scene, was arrested as a flagrant offender in the crime of assault and insult at that time, and the arrest procedure against the defendant cannot be deemed unlawful in light of the situation before and after the arrest of the act of violence and insult. Thus, the defendant's defense counsel's defense counsel is rejected on different premise.

참조조문

유사 판례

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