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(영문) 서울서부지방법원 2013.10.17 2013노809
모욕
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the factual error, the misapprehension of legal principle, and the unreasonable sentencing) is that the victim, who is a police officer, criticized the police officer's actions in response to the unlawful exercise of power to arrest himself/herself, and did not insult him/her. This constitutes legitimate self-defense as a resistance against illegal arrest. However, the court below found the defendant guilty of the facts charged in this case, by misunderstanding of facts or misunderstanding of legal principles.

Punishment (one million won of fine) imposed on the defendant by the court below is unreasonable.

Judgment

A. According to the evidence duly adopted and examined by the court below, the defendant cited a knife with the public prosecutor's office of the National Police Agency and knife the defendant with a large sound, and the police officer committed several times the defendant's behavior, but the defendant avoided the disturbance for more than 30 minutes with the desire, and the victim police officer instructed the defendant to arrest the defendant as a flagrant offender, and the defendant restraints the defendant. The defendant stated that "I have governance, such knife, knife, knife, knife, knife, knife, knife, knife, and such knife, knife," and that the police officer arrested the defendant as a flagrant offender in the crime of insult, and that police officers notified the defendant of the principle of attorney's appointment, such as the charge, attorney's right, etc., while arresting the defendant as a flagrant offender, and that the victim's social evaluation or abstract evaluation of the defendant is not sufficiently justified.

B. In order to establish self-defense under Article 21 of the Criminal Act, the determination of the assertion of self-defense is based on the act of infringement.

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