1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

1. On October 8, 2014, at around 03:46, the Defendant obstructed the Defendant’s business operation of the restaurant by force by entering a X-type operated by the victim W in the Geum-gu Busan Metropolitan City, and drinking alcohol, and without good cause, doing so to the victim without any reason. In addition, the Defendant obstructed the Defendant’s operation of the restaurant by force by avoiding disturbance for about one hour.

2. 모욕 피고인은 2014. 10. 8. 04:46경 제1항과 같은 장소에서 W 등 위 식당 업주와 다른 손님들이 듣는 가운데 신고를 받고 출동한 금정경찰서 Y지구대 소속 경찰관인 피해자 Z에게 “이 새끼, 짭새 새끼. 젊은 놈이 임마 죽을래 ”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness AA and Z;

1. Application of each police protocol to the Z and AA;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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

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

4. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel stated in Article 334 (1) of the Criminal Procedure Act refers to the victim's expression of criminal facts as stated in paragraph (2) of the same Article with a view to defending the victim in an insulting expression in a high-tension manner. However, even if the victim first expressed his/her desire, it is difficult to view it as self-defense to defend the defendant's current unfair infringement of the defendant's life and body, and in light of the aforementioned contents of the defendant's desire or the relation between the defendant and the victim, the defendant's act is permissible under social norms.