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(영문) 인천지방법원 2016.12.22 2016고정2322
모욕
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. At around 00:17, December 17, 2015, Defendant A received 112 report from the victim E, a police officer called “a woman under the influence of alcohol, who is in need of assistance from a police officer,” and received a request to present an identification card to verify his/her identity, Defendant A, a police officer, who called “A” on the street in front of the Nam-gu Incheon Metropolitan City, and received a request from the victim E to present his/her identification card to verify his/her identity, and Defendant A, while there is a person F and others, expressed the victim “a son son son son son son son son son son son son son son son son son son son son son son

2. 피고인 B 피고인은 제1항 기재 일시 및 장소에서 제1항 기재와 같은 112신고 받고 출동한 경찰관인 피해자 G로부터 “술에 취한 여자분과 일행이냐”라는 질문을 받게 되자, F 등 행인들이 있는 가운데 갑자기 피해자에게 "씨발, 짭새는 이래서 안

돼. 씨발, 짭새 새끼가.

"Publicly insultingly insulting the victim". "Publicly insulting the victim."

Summary of Evidence

1. Defendants’ partial statement

1. Witness E, G, and F’s statement in each court (the Defendants and the defense counsel merely expressed a desire in the process of resisting illegal and illegal arrest by a police officer, which constitutes self-defense or legitimate act. However, according to each of the above evidence, even though the Defendants expressed a desire to arrest a flagrant offender against the Defendants as stated in the above facts constituting a crime of insult, the police officer continued to take a bath despite having notified the Defendants that they could arrest a flagrant offender as a crime of insult, the police officer may be found to have complied with the procedure for arresting a flagrant offender. In light of the circumstances surrounding the instant case and the circumstances at the time of the instant crime, the Defendants and the defense counsel cannot be deemed to have satisfied the requirements of self-defense or legitimate act, and thus, the above assertion by the Defendant and the defense counsel cannot be accepted).

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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