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(영문) 서울중앙지방법원 2016.01.14 2015고단6916
모욕등
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

1. Around 20:40 on October 10, 2015, the Defendant insultd the victim at a public place where two employees, including the C main shop operator, and the employees of the said Pospons, including the C main shop operator, who were dispatched after receiving a report of 112 that the Defendant did not pay the price within the C main shop located in Gwanak-gu, Seoul Special Metropolitan City, and the victim E, who was called up, would pay the drinking value and return home to the Republic of Korea by paying the drinking value.

2. Around October 21, 2015, the Defendant obstructed the performance of official duties by approaching the above E in preparation of a written request for an inquiry about the fact that he/she did not pay the drinking value at the above location on October 21, 2015, thereby obstructing the legitimate performance of duties concerning the handling of reporting duties by assaulting the E 112 on two occasions with his/her left arm's length, and by assaulting the E 112 hand on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the selection of fines for each crime;

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

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

1. The sentencing conditions, such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., shall be comprehensively considered in light of the fact that there is no record of the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the victim's damage degree, reflectivity, and other factors, such as the defendant's age, sex, environment, circumstances after the crime, etc.

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