beta
(영문) 수원지방법원 2014.05.22 2014고단682

모욕등

Text

A defendant shall be punished by imprisonment for four 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. Around 00:50 on February 8, 2014, the Defendant publicly insultingd the victim E, a police officer, and the victim, who were sent to the site on the part of the Suwon Police Station D, who was a police officer belonging to the Suwon Police Station, who was dispatched to the site after having been reported at 112 at the 'Crona B1st underground floor in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) talked the victim E, a police officer, who was dispatched to the site on the part of ten minutes, including: (b) flasium, franch; (c) flasium, the police officer, and F.

2. On February 8, 2014, at around 01:12, the Defendant: (a) was arrested as a flagrant offender on the grounds specified in paragraph (1) at the D police box located in Suwon-si G, and was investigated into the said police box; (b) at that time, the victim police box H, who served in the said police box, prevented the disturbance; (c) was sentenced to imprisonment with prison labor for the victim; and (d) was sniffed within the victim’s age, she would die in the victim’s clothes.The Defendant assaulted the victim’s clothes at one time by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. Application of Acts and subordinate statutes of the F and J;

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

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

1. Article 62 (1) of the Criminal Act (including reflective points, etc.);

1. The offense of insult of the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is an offense for which no sentencing guidelines are set. The offense of obstructing the performance of official duties in this case falls under the category 1 (in the case of coercion of performance of official duties) and the basic area (in the case of June to April), and the Defendant has no power to commit the same kind of crime, etc., the punishment shall be determined as per the order