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(영문) 서울남부지방법원 2019.03.13 2018고단7044

모욕등

Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On December 3, 2018, at the front of Yangcheon-gu Seoul Metropolitan Government, the Defendant: (a) around December 23:3, 2018, along with Defendant A, left the road in front of Yangcheon-gu, Seoul Metropolitan Government; (b) the victim F (48 years old) who was a guard of the Seoul Yangcheon Police Station E zone, called up after receiving a report from D during the vehicle parking problem, prevented the Defendant; and (c) caused the victim to boom the victim’s chest by hand when booming the victim’s chest, the Defendant f (48 years old), who was the police police Handphone,

In addition, the victim b expressed the victim's desire to arrest B as a flagrant offender in the crime of insult, and assaulted the victim's arms by taking the victim's hand and booming the victim's hand.

As a result, the Defendant interfered with the victim's legitimate execution of duties concerning the handling of the 112 reported case and the arrest of flagrant offenders, and at the same time, the Defendant carried out the victim's son's left-hand hand and hand-off of other parts that require treatment for about two weeks.

2. Defendant B, at the time and place described in the above 1.1. At the time and place, and the victim F, a guard belonging to the Seoul Yangcheon Police Station E District, who was dispatched upon receipt of a report, avoided the Defendant, or other police officers, and residents living around A and their surrounding areas, expressed the victim’s desire to “Ipppner is a police officer, bit bit bit bitch,” and openly insult the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The police statement concerning F;

1. Each statement of D and G;

1. A photograph of each damage;

1. Application of each field video CD-related statute;

1. Relevant legal provisions pertaining to criminal facts A: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257(1) of the Criminal Act (the point of injury): Article 311 of the Criminal Act (the point of insult);

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 of the Criminal Act.