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(영문) 수원지방법원 2017.05.15 2016고단5899
모욕등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

1. On September 14, 2016, at around 12:15, the Defendant: (a) lost the key of a lodging room in front of the Defendant’s lodging room near the D gas station located in C, and opened a door through 119; (b) however, the fire officer E, etc. was unable to open the door due to the absence of confirmation of the Defendant’s residence; (c) thereby, the Defendant explained that it is necessary to check the residence of Gman, who belongs to the F police station of the Sungdong-dong Police Station in 112, dispatched upon receipt of 112 reports, and that it is necessary for Gman to check the residence of the Defendant, among the fire officers, etc., “I pay taxes within the Republic of Korea.”

C. D. D. S. S. S. S. S. F. S. H. H. H. M. M. H.

In other words, “the victim was openly insultingly insultingd”.

2. On September 14, 2016, the Defendant obstructed the performance of official duties, as described in paragraph 1, at the street in the vicinity of the D oil station located in Sungsung-si around 12:20 on Sep. 14, 2016, the Defendant: (a) obstructed the performance of official duties; (b) avoided the Defendant; (c) obstructed the Defendant; (d) pushed the Defendant; (d) pushed the Defendant with his arms; and (e) displayed his hand as he was dispatched to the police.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G police statement;

1. E statements;

1. Application of Acts and subordinate statutes to the report of investigation and notification of department related to the report of 112 Incident;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense (a point of insult) and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of public duties by mutual consent and by interfering with the execution of public duties by mutual consent and by mutual consent between persons who are more severe);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the aggregate of the amounts of two crimes above shall be added];

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

1. The defendant has reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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