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(영문) 서울중앙지방법원 2014.08.13 2014고단2971

모욕

Text

A defendant shall be punished by imprisonment for 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

At around 12:10 on March 2, 2014, the Defendant, at the Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Police Station, carried out a 40-minute bath on the ground that the victim guard D (the age of 34) who was affiliated with the said police box was asked about the process leading up to the police box, and there are a number of police officers who were affiliated with E and the said police box, who were affiliated with E and the said police box, in which there were several police officers, who were in the said place, of the instant police box: “I am out of the inside. Nev. Doe tyna. Doe tye. Doe tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye h

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A complaint filed in D;

1. E statements;

1. Application of statutes on site photographs;

1. Article 311 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing shall be taken into consideration):

1. The reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Probation Act include: (a) the Defendant committed the instant crime on the grounds of violence, obstruction of performance of official duties, two or more occasions of suspended execution due to insult; (b) the Defendant committed the instant crime during the period of suspended execution due to the obstruction of performance of official duties; (c) the Defendant is led to confession; and (d) other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the