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(영문) 서울중앙지방법원 2017.12.21 2017고단7545
모욕
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Around August 13, 2017, the Defendants were asked about the circumstances of the instant case from the slope H affiliated with the Seoul Central Police Station G District in Seoul Central District, by the victim, who was reported by the Defendants at the 112 reported by the 112 business owner F of the singing shop that did not calculate the drinking value.

When the victim calculated the drinking value and demanded that the victim return home, the defendants A was aware of the complaint, and the victim was heard by the above F.

C. The Defendant B, “I have to go to go to the post,” and the Defendant B, “I have to go to the post, not a police officer, and I have to go to the post,” and the Defendant A continued to read “I have to go to the post, not a police officer.”

Accordingly, the Defendants conspired to publicly insult the victim.

2. Around August 13, 2017, Defendant B, who obstructed the performance of official duties, arrested a flagrant offender on the same grounds as the foregoing paragraph 1, and went into a police station G district located in Jung-gu Seoul Central District of Seoul Central District of Police Station G in Jung-gu, Seoul, stating that “I am fying down only the gue, in which this son does not have a strong fy, and until the end, I am fying off H’s right right by drinking a son,” and assaulted H twice on two occasions.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A written statement;

1. Each investigation report (related to verbal telephone call of a wooden person);

1. Application of the Acts and subordinate statutes to the complaint;

1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: Articles 311 and 30 of the Criminal Act (in the case of insult and fine) Defendant B: Article 136(1) of the Criminal Act (in the case of obstructing the performance of official duties, and in the case of fine)

1. Defendant B who is subject to aggravated concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the amount is aggregated);

1. Attraction of a workhouse;

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