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(영문) 서울북부지방법원 2014.07.04 2013고단3080

모욕

Text

Defendant

A and B shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:00 on November 11, 2013, Defendant A’s insultd the way in front of “G” located in Gangnam-gu Seoul Metropolitan Government, and Defendant A tried to arrest Defendant C as a flagrant offender on the ground that, upon receiving a report, an slope I belonging to the H District of the Seoul Southern Police Station, which was called “G” and called “I” and attempted to arrest Defendant C as a flagrant offender at the 10 places where there are about 10 persons in the 10 places, namely, “Crop typ,” and “I talk to the effect that the police sick cannot speak properly,” and that, after having arrived at the H District of the Gangnam Police Station using the patrol vehicle, I publicly insult “I” to the effect that: (a) there are any strings who live in the place where other persons in the case and police officers in the case.

2. Defendant B’s obstruction of performance of official duties and damage to property at the same time and time as the above paragraph (1), and on the ground that Defendant B, who received a report, attempted to arrest the superior Defendant A as a flagrant offender, Defendant B committed assault by assaulting the Defendant at the H District of the Seoul Gangnam Police Station H District, Seoul, which was called out, such as cutting down the I’s lower part of the I from the lower part of the I to the lower part of the I, and cutting down the I’s market price into the ground, thereby hindering the I’s legitimate execution of duties concerning the suppression of crimes and criminal investigation, and destroying the victim I’s property.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness I and each legal statement of the J;

1. Statement of each police statement concerning I;

1. Application of Acts and subordinate statutes to photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 311 of the Criminal Act (Selection of Imprisonment)

B. Defendant B: Articles 136(1) and 366(1) of the Criminal Act

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

1. The defendants A and B under Article 62 (1) of the Criminal Code of the suspended execution are divided into their mistakes, the circumstances leading up to the crime, the degree of damage, and the above defendants' criminal punishment.