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(영문) 부산지방법원 2019.01.17 2017고단6189

모욕등

Text

A defendant shall be punished by imprisonment for four 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

1. On October 16, 2017, around 22:55, the Defendant told the victim B, who was waiting for a bus at a bus stop located in the front of the bus stop located in the area where Busan Eastdong-gu, 117, “Is up to four persons, including a person waiting for a bus at the bus stop located in the city bus stop located in the front of the bus stop located in the city bus stop located in the city of Dong-dong-gu, Busan.” The Defendant said that “Is up to 1, 200, 2000, 2000, 2000

Accordingly, the defendant openly insultingd the victim.

2. The Defendant, on the date, time, time, and place set forth in the above paragraph 1, 2 of this Article, was able to see the victim’s face part to the victim B, waiting for the bus at the time and place, and the victim obstructed the victim’s left hand and obstructed the victim’s left shoulder one time with a lush hand.

Accordingly, the defendant assaulted the victim.

3. On the same day as indicated in the above 1.1. on the same day, the Defendant: (a) heard the words “to see conversations by moving to the front and rear sides of the Busan East Police Station C District,” which was called “to see the conversation by moving to the front and rear sides of the speech,” which was sent to the above place at around 23:10 on the same day; and (b) obstructed the chest part of the chest part of the Da, which was sealed once by both hand.

Accordingly, the defendant assaulted D who is a police officer, thereby obstructing the legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to B and D;

1. Application of Acts and subordinate statutes of violence victim photographs;

1. Article 311 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime (the point of insult, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties 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. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Type 1 of the sentencing criteria shall apply to the first crime (aggravating a person) (a person to whom the sentencing criteria apply).