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(영문) 수원지방법원 평택지원 2018.09.14 2018고단1328
공용서류손상등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. 모욕 피고인은 2018. 8. 2. 02:45 경 평택시 C에 있는 D 지구대 앞길에서, 택시 요금을 지급하지 아니하고 있던 중 피해 자인 위 지구대 소속 순경 E(31 세) 과 순경 F(29 세 )으로부터 택시 요금을 지불하고 귀가할 것을 권유 받자 화가 나 택시기사 및 행인들이 있는 자리에서 피해자들에게 “ 병신새끼들 씨 발 놈아, 개 같은 경찰새끼들, 경찰 짭새야 경찰이나 해먹어 라, 나랑 맞짱 뜨자” 라는 등으로 욕설을 하였다.

Accordingly, the defendant insultd the victims openly.

2. On August 2, 2018, the Defendant damaged public documents, at the office of Pyeongtaek-si Police Station type, located at the center of Pyeongtaek-si around 05:25, the Defendant was investigated of the suspect due to the suspicion of fraud and insult, and was inspecting the suspect interrogation protocol, “I would like to refuse to do so,” and cut down by hand the suspect interrogation protocol being perused.

Accordingly, the defendant damaged documents used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. An investigation report (as to damage to public documents)

1. Investigation report (as to the exhibits images)

1. An investigation report (as to the situation at the time of damage to public documents)

1. A report on investigation;

1. G statements;

1. Each complaint;

1. Application of Acts and subordinate statutes to protocol concerning the interrogation of suspects damaged;

1. Article 311 of the Criminal Act (a point of insult) and Article 141 (1) of the Criminal Act (a point of damage to public goods) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (joint crimes of insult);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The Defendant’s summary of the assertion is that he/she received a hospital treatment in the skin from May 10, 2017 to January 26, 2018, and alcohol is made from April 4, 2018 to June 12, 2018.

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