피고인은 2019. 12. 30. 23:15경 서울 노원구 B, 지하에 있는 ‘C’에서 피고인이 술값을 내지 않는다는 주점 업주의 112신고를 받고 출동한 피해자인 노원경찰서 D지구대 소속 경위 E이 피고인에게 술값 지불 여부를 묻기 위해 피고인을 흔들어 깨우자 이에 화가 나, 위 주점 업주와 종업원 등이 지켜보는 가운데 피해자에게 “야 새꺄, 시발놈아, 야 시발놈아”라는 등 큰소리로 욕설하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act and Article 311 of the Criminal Act concerning the crime, the reasons for sentencing selective to imprisonment;

1. Scope of punishment by law: One month to one year;

2. The scope of recommendation [decision of type] according to the sentencing criteria and the general insult (the scope of recommendation field and recommendation range] of defamation crimes; the basic area of defamation offenses; and February through August 2.

3. The Defendant recognized the instant crime and reflected the mistake.

However, on January 17, 2019, the Defendant was sentenced to two years of suspended sentence for six months of imprisonment for obstruction of performance of official duties on the grounds of obstruction of performance of official duties, etc., and was sentenced on January 25, 2019, and the judgment became final and conclusive on January 25, 2019, insulting the victim who was dispatched after receiving 112

As the Defendant had been punished three times for the offense of insult, it is inevitable to sentence the Defendant as a sentence, since he/she had been punished 12 times for the same or similar offense of violence, including that he/she was punished by a fine, and did not agree with the victim.

In full view of such circumstances and other circumstances as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records, the punishment as ordered shall be determined.