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(영문) 수원지방법원 2017.09.22 2017고단4171
모욕등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Definitely, on June 7, 2017, the Defendant: (a) on the street in front of the “C cafeteria” located in Suwon-si, Suwon-si, Suwon-si; (b) the victim E and the victim F, a police officer belonging to the D District Unit of the Suwon-gu Police Station D branch of the Suwon-gu Police Station, called upon upon receipt of a report, verify the reported fact and personal information to the Defendant; and (c) the said victims passing through many unspecified persons, while entering the Republic of Korea.

The victims were openly insultingd by referring to only Gaman, and this Chewing son.

2. On June 7, 2017, from around 19:35 to around 19:45, the Defendant: (a) took a bath to E and F, who are police officers belonging to the police station D District Unit of the Suwon-gu Police Station, sent out after receiving a report in front of the said “C cafeteria” in front of the said “C cafeteria”; and (b) took a bath to E and F, who are notified that he/she may be punished as a crime of insult from E and F; and (c) put the hand floor to F, who prevents him/her, and laid down the door spread and the cell phone on the side of E and F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A E-document;

1. Each complaint;

1. A criminal investigation report (to be accompanied by images of strings inside a taxi and images taken by a police officer dispatched to the scene);

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Article 311 of the Criminal Act (a point of insult) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 334(1) of the Criminal Procedure Act provides that a police officer who properly performs his/her duties with the reason for sentencing of the sentence of a provisional payment order is not less than the nature of a crime that insults a police officer and uses violence, and the defendant has a record of being punished for the same kind of crime.

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