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(영문) 인천지방법원 2020.10.08 2020고정1636
모욕
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The victim B (the South and the 24 years old) was a person working in the Incheon Bupyeong Police Station C District, and the 112 Report D around March 29, 2020 was sent to the site after being ordered to "Si expenses".

피고인은 2020. 3. 29. 01:00경 인천 부평구 E에 있는, F 편의점 앞 노상에서 출동 경찰관인 피해자에게 "씹할새끼야", "짭새새끼", "개새끼야" 라며 욕설을 하고, “너가 군대 후임이었으면 좆나 맞았을 것이다.”라며 위협하는 등 불특정 다수가 통행하는 공개된 장소에서 공연히 모욕하였다.

Summary of Evidence

1. Statement of the police concerning partial statement B by the defendant;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. The defendant asserts that the defendant's argument regarding the provisional payment order under Article 334 (1) of the Criminal Procedure Act was in a state of mental disorder by being drunk at the time of committing the crime in this case.

In light of the records, even though the defendant was in a state of drinking at the time of the crime of this case, in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case, and thus, the defendant's assertion is rejected.

The circumstances favorable to the reasons for sentencing are recognized by the Defendant.

D. Unfavorable circumstances: The Defendant insulting the police officer who was dispatched after receiving a report 112 by means of having a large number of citizens to view him/her, and thus, the nature of the offense is not good.

Even around 2016, the defendant has been sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties against police officers.

The above defendant's age, character, character and environment are different from the above circumstances.

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