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(영문) 대전지방법원 2015.02.11 2014고단4435
모욕
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A, on October 15, 2014, at around 21:04, who was dissatisfied with E on the front road of Daejeon Jung-gu, Daejeon, and was called up and confirmed the site conditions, etc., Defendant A abused the victim by openly insulting the victim by openly obsing the victim, who was employed by the F District Police Agency, and reported the victim G of the f District with the view of “Is the breath, police officers, who are in mind of the breath of the breath and the breath of the breath of the breath, who are in mind of the breath of the breath and the breath of the breath.”

2. Defendant B

A. On October 15, 2014, around 21:10 on October 15, 2014, the above Defendant arrested the above A as a flagrant offender, such as the crime of assault, etc. against E, and arrested him as a flagrant offender, the police officer of the F District, who tried to board the patrol vehicle, Da Ha with the left arms of the above H, and the chest of the above H, who prevented him from carrying out the patrol vehicle, was pushed down one time as his hand.

Accordingly, the above defendant assaulted a police officer who was performing legitimate duties concerning the arrest of flagrant offenders, and interfered with his duties.

B. The Defendant’s insult No. 2. A

항 기재 일시, 장소에서 불특정 다수의 구경꾼들이 듣는 가운데 F지구대 소속 경위 피해자 I에게 “넌 뭔데, 좆밥은 빠져있어.”라고 소리치고, 이를 제지하는 같은 지구대 소속 경위 피해자 G에게 “야, 이 씹할 새끼야, 네 마음대로 해봐.”라고 욕설과 폭언을 하여 피해자들을 공연히 모욕하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Each complaint filed by G and I;

1. Application of Acts and subordinate statutes concerning site entry and exit;

1. Article 311 of the Criminal Act; Article 311 of the Criminal Act; Article 136(1) of the Criminal Act; Article 311 of the Criminal Act; Article 31 of the Criminal Act; Selection of a fine; Article 311 of the Criminal Act; and Selection of a fine, respectively;

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act concerning the aggravation of concurrent crimes (defendant B) is the most severe offense of obstruction of performance of official duties.

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