beta
(영문) 부산지방법원 동부지원 2018.05.23 2018고단516

모욕등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Around December 25, 2017, the Defendant, at the “C main station” located in Busan Shipping Daegu, Busan, the Defendant: (a) received a report from the Defendant that he was under the influence of alcohol and received the notification that he was fright; and (b) received the frighter for returning home from the victim E, who was the captain of the Maritime Police Station D police box, who was called the captain of the Maritime Police Station, and received the notification that he was frighting, and (c) the frighter of the flab and the flab of the flab.

C. Crack sark, and the owner of the above main store, and other customers were able to hear, thereby openly insulting the victim by openly bruing the victim at a large interest.

2. On December 25, 2017, the Defendant: (a) received the same report in front of the “C week” set forth in the preceding paragraph at around 22:34 on December 25, 2017; and (b) took a bath to have the Defendant returned home from F to the police box affiliated with the Busan Coast Guard D Police Station, which called as referred to in the preceding paragraph; and (c) assaulted the Defendant at the time of taking the clothes of the said F.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) (the point of obstructing the performance of official duties) and 136 (1) (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] : (a) the basic area (from June to June, one year and six months) (no person subject to special sentencing) ; (b) the offense of interference with the performance of official duties and insult in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act was not set in the sentencing guidelines; and therefore, (c) the lower limit of the above scope is set.

[Determination of sentence] In light of the fact that the police who exercises violence against the police who has the right of returning home and insult the nature of the crime is considerably poor, and that the police officer was punished by a fine due to an insulting act, the police officer is selected to be sentenced to imprisonment, but it is heavier than a fine.