209 Accusation2880 Injury, obstruction of performance of official duties, insult

A

Ethical Decree

Attorney B (Korean National Assembly)

November 19, 2009

Defendant shall be punished by a fine of 3,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

1. Injury and obstruction of performance of official duties;

On February 15, 2009, at around 01:20, the Defendant was demanded to present an identification card, along with the horses, that “A police officer belonging to the Incheon Bupyeong Police Station E zone of the Incheon Bupyeong Police Station, who was carrying out the check-up at the above location after drinking alcohol on the front of D, which was located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Bupyeong-gu, and was carrying a bicycle, and was carrying out the check-up at the above location.”

In the process, the Defendant’s check-up conducted by F with respect to the Defendant was conducted by F. F. F. F. “The age of F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., the Defendant obstructed police officers’ legitimate performance of duties in relation to the prevention, suppression and investigation of crime, and at the same time, the Defendant inflicted an injury on F.F.F. (the age of 26) in need of three weeks of medical treatment.

2. Definating;

피고인은 위 일시, 장소에서 위와 같이 F과 실랑이를 하고 있을 때 같은 소속 경위 G(53세), 경사 H(42세)가 피고인을 제지하며 "경찰관에게 이러시면 안 됩니다. 경찰관이 검문하는 거니까 이해하고 협조해주세요."라고 말한 것에 화가 나 함께 검문을 하고 있는 경찰관 3명이 있는 자리에서 피해자 G에게 "넌 또 뭐야. 힘없는 놈들이. 니가 짱이냐. 내가 누군지 알아? 씨팔놈들이 짜증나네."라고 욕설하고, 피해자 H에게 이 씨팔놈아, 개새끼야."라고 욕설을 하는 등 공연히 피해자들을 각각 모욕하였다.

Summary of Evidence

1. Each legal statement of witness G, H and F;

1. Part II of the second police suspect examination protocol against the defendant;

1. Each police statement concerning G, H and F;

1. A medical certificate;

1. A complaint;

1. A copy of a situation report, work log, and map;

Application of Statutes

1. Article applicable to criminal facts;

Articles 136(1), 257(1), and 311 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Kim Gin-han