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(영문) 대전지방법원 2016.10.19 2016고단2658

모욕등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who engages in a building business.

1. On July 23, 2016, around 23:10 on July 23, 2016, the Defendant insultingd D, a police officer belonging to the Daejeon District C District of the Daejeon District Police Station, who was called out after having received a report that the Defendant escaped without paying the drinking value, and sprinked the drinking house with the drinking house. While other people hear, the Defendant insultingd D, who was a police officer belonging to the Daejeon District C District of the Daejeon Police Station, who was called out.

2. At around 23:45 on the same day, the Defendant arrested a flagrant offender at the Daejeon Police Station C District, Seo-gu, Daejeon, Daejeon, as a crime of insult under paragraph (1), and transferred him to the said District, and obstructed legitimate execution of duties concerning the arrest of a police officer in the act of committing an act of insult and his duty against a slope F, a police officer belonging to the said District, who arrested him as an act of committing an act of insult under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. A written statement of G and H;

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

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The cases where the police officer in the course of performing his/her duties takes a bath, and the extent of assault is not severe, and confession and reflects that the extent of assault is not excessive;