beta
(영문) 수원지방법원 2018.01.12 2017고단7197

모욕등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2017, at around 22:40, the Defendant, at the entrance of “C” located at the Defendant’s workplace B and 205, openly insultd the victim by openly insulting the victim by referring the victim F, a private victim F, who was called up after receiving the Defendant’s report, to D and the Defendant on the reported details, at the seat of the E District Police Station E District of the Modong-dong Police Station, who was called up by the Defendant, at the time of questioning the Defendant. In that context, the customers in the place are heard, while the customers in the place are heard, the Defendant expressed that “I Y Ma, Ma, Ma, Ma, Ma, a police bit, and bitch bit.”

2. The Defendant interfered with the performance of official duties by assaulting the said FF’s bridge to arrest the Defendant as an offender in the crime of insult at the time, time, and at a place under paragraph (1) of this Article, and obstructed the police officer’s legitimate performance of duties to arrest a flagrant offender by walking the F’s bridge one time at the port.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for each 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. Although it is not good that a police officer, who is performing official duties under the influence of alcohol, has been punished in excess of a fine without the degree of assault, and it does not repeat by undergoing alcohol treatment, despite the fact that it is possible to have violent force on the grounds of sentencing under Article 62(1) of the Criminal Act, under the influence of alcohol;

The punishment shall be determined as per the order, taking into account each such fact.