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(영문) 수원지방법원 2015.11.18 2015고단4234
모욕등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant’s insultd the victim C who is a slope belonging to the Suwon Police Station B District, which was called out after receiving a 112 report, and the victim D, a police officer affiliated with the same police station B, was dissatisfied with the Defendant’s notification disposition regarding the violation of the signal and caused the victims to be informed of the trial cost.

On August 12, 2015, the defendant, around 03:40 on August 12, 2015, the defendant called "a group of people who want to return to patrol lanes, including G et al., among the victims who want to return to patrol lanes" such as G in front of the Suwon-si, Suwon-gu, Suwon-si.

Accordingly, the defendant insultd the victims openly.

2. The Defendant: (a) arrested the Defendant as a flagrant offender under paragraph (1) at the time and place specified in paragraph (1); (b) the police officers belonging to the Suwon Police Station B District B District; (c) embling the Defendant as a flagrant offender under paragraph (1); and (d) embling the body of the slope C with a strong shoulder, tightly pushed the Defendant into his hand and shots; and (d) assaulted the said C, etc. one time as drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the respective Acts and subordinate statutes of D and H

1. Articles 311, 136 (1) and 136 (1) of the Criminal Act concerning the relevant criminal facts, and the selection of fines for the obstruction of performance of official duties;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires that the degree of obstruction of performance of official duties is difficult to be considered severe, taking into account the character and conduct, criminal records, etc. of the defendant, the punishment as ordered shall be determined.

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