logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.04.08 2014고단5105
모욕등
Text

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

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

Reasons

Punishment of the crime

1. On September 27, 2014, at least 00:50 on September 27, 2014, the Defendant, at the “Cju” located in Gangseo-gu Seoul Metropolitan Government, sent a disturbance for more than 4 hours from 20:00 to 4 hours before the said hours, and received a report during the said hours from the victim E (ma, 34 years old) who was a slope belonging to the Seoul Gangseo-gu Police Station D police box that was called out after receiving a report. As such, the Defendant abused the victim by openly insulting the victim by making the victim “Cjuk,” and “Woo kb kb kb kb kb kb kb kb kb kb kb

2. 공무집행방해 피고인은 제1항과 같은 날 01:00경 위 ‘C주점’ 앞길에서 정복을 입은 경찰관인 서울강서경찰서 D파출소 소속 경사 E에게 “씨발 새끼, 니가 뭘 알아”라고 욕설을 하면서 발로 피해자의 다리부위를 2회 걷어차고, 두 손으로 근무복을 수 회 잡아당겼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of insult and the choice of fine) of the same Act concerning criminal facts;

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 crime of this case in which the defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, insults a police officer and interferes with the performance of official duties cannot be deemed to be light of the nature of such crime.

However, under the influence of alcohol, the Defendant committed the instant crime, recognized the mistake, and reflected in it.

There is no particular criminal history for the accused, and the victimized police officers also want to take the seat of the accused.

The sentence shall be determined as per Disposition in consideration of the above favorable circumstances and other various sentencing conditions shown in the records of this case.

arrow