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(영문) 서울남부지방법원 2020.09.28 2020고단3071

모욕등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2020, the Defendant, at around 23:03, expressed a bath to the victim D, who is a police officer belonging to the Gangseo Police Station, dispatched to the site after receiving a report on the disturbance in the c cafeteria located in Gangseo-gu Seoul Metropolitan City, and sent the scene, and expressed a bath to “Is the victim who is a public performance while other customers hear.”

2. The Defendant: (a) received a demand from the superintendent E of the Gangseo Police Station affiliated with the Gangseo Police Station, who called to the scene after receiving a report on disturbance of his/her behavior at the time and place specified in paragraph (1), to pay meal charges to the restaurant; and (b) refused such demand; and (c) made a demand from the police officer to present his/her identification card at one time, on the ground that the police officer was asked to present his/her identification card.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. The defendant's legal statement D, each police statement about E;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant provisions of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the maximum amount of both crimes shall be added up) for concurrent crimes with the punishment prescribed for the crime of obstruction of performance of official duties heavier than the punishment);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person who has been forced to perform his/her duties (special person) / her basic area (the scope of recommending area and recommendation), six months to one year and six months;

(b) The type of the second offense (definite);