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(영문) 인천지방법원 부천지원 2017.06.08 2017고단861

모욕등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 1, 2017, the Defendant recommended the Defendant, who was arrested as a flagrant offender due to a suspicion of insulting a police officer, to escape from the patrol vehicle, at the front of the “C” located in Bupyeong-si, Seocheon-si, B, 2017, the police officer guard D belonging to the Gyeonggi-do Police Station, Seoul Special Metropolitan City, to escape from the patrol vehicle, and “Isson insult.”

“At the time of the police officer’s hand, the said police officer’s rank was turned into one time.”

Accordingly, the defendant interfered with legitimate execution of official duties concerning the escort of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol (List 13) statute to D;

1. Article 136 (1) of the Criminal Act, Articles 136 (1) of the Criminal Act, the punishment of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the protection and observation, Article 62-2 of the Social Service Order Act, Article 59 of the Act on the Protection, Observation, etc. of the same and Article 62-2 of the same Act, the defendant's favorable circumstances (a confession, reflectiveness, multiple times, and so the police officer's failure to punish the above police officer), the unfavorable circumstances (including two or more times of suspended sentence, and the records of having been sentenced to a suspended sentence of imprisonment due to the crime obstructing the execution of official duties, the crime of this case again was committed without being aware of, and without being aware of, the nature of the crime is very pleasure, the defendant's power, the contents of the crime, the contents of the statement to the investigation agency, and the attitude of the defendant's drinking habits, etc. in order to prevent recidivism of the same or similar crime, it is deemed that the control and management of the defendant's drinking habits, etc. is necessary to prevent the recidivism of the same or similar crime) and other factors of the punishment as ordered by the disposition.

Rejection of Public Prosecution

1. The summary of this part of the facts charged is that the victim E, a police officer belonging to the Gyeonggi-do Police Station, who was dispatched to the site after receiving a report on the payment of the alcohol value at around 20:44-21:00 on January 1, 2017, should pay a charge to the Defendant and return home.