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(영문) 인천지방법원 2021.02.26 2020고단8495
모욕
Text

Defendant

A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the provision of school meals for one-time, and Defendant B is a person who is engaged in daily work.

1. At around 18:55 on August 1, 2020, Defendant A, who was a branch of Defendant B, in front of the Incheon Bupyeong-gu Seoul Central District Police Agency E-gu, Incheon, by avoiding disturbance at a restaurant, and Defendant B was subject to the control of suspicion of violation of the Punishment of Minor Offenses from F and G, a police official belonging to the Bupyeong-gu, Incheon Bupyeong Police Station E-gu, Incheon, for the purpose of publicly insulting the victims of voice F and G by saying, “I am the sons who were sons who were sons who were sons who were sons who were sons who were sons who were sons of sons,” thereby openly insulting the victims of noise.

2. 피고인 B 피고인은 제 1 항과 같은 일시, 장소에서 경찰공무원들인 F, G이 피고인 A로부터 모욕 혐의 조사를 위해 신분증을 건네받으려 하자 이를 받지 못하도록 머리와 몸으로 F, G의 가슴을 수회 밀치고, 이에 F 등이 공무집행 방해 혐의로 피고인을 체포하려 하자 이를 거부하며 양손으로 F의 왼쪽 발을 붙잡고 세게 잡아당겨 F의 무릎과 발목이 꺽이게 하는 등 폭행하여 F, G의 순찰업무에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the respective Acts and subordinate statutes to the police statements made to G and F;

1. Defendant A of the relevant Article of the Criminal Act concerning the crime: Article 311 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Each selective fine

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants’ grounds for sentencing under Article 334(1) of the Criminal Procedure Act shall be determined by taking into account the following circumstances: (a) details leading to each of the instant offenses; (b) the degree of insult and assault against the police officers of the instant case; and (c) the Defendants’ respective ages, criminal records, environment, and circumstances after the commission of the crime; and (d) the punishment as set forth in the Disposition.

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