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(영문) 대전지방법원 홍성지원 2016.05.02 2016고단141

모욕

Text

A defendant shall be punished by imprisonment for 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

On January 2, 2016, the Defendant was towing a traffic accident on the street in front of B at the time of Bogi-si, 22:00

In the case of C, the accident occurred to the victim E, who is a public official belonging to the police of the Chungcheongnam-gu Police Station D District Police Station, who was dispatched after receiving the report of the above traffic accident.

C. The flab flab flab flab flab flab flab flab flab.

p. The same ring shall be tringed equally. The ringer shall be tringed in accordance with the same tring. The tringer shall be tack, and the 22:10 on the same day, the victim who entered the control details on the drinking measuring instruments in around 22:10 on the same day, was the victim who caused the accident.

씨 발 놈아! 뚱뚱 한 년이 운전하고 운전자를 바꿨어 씨 발 놈아! 저것들 다 측정해 씨 발 놈아! ”라고 큰소리로 말을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, C, and F;

1. G statements;

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

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the sentence shall be determined as ordered.

The crime of this case, which is against the mistake, seems to be a contingent crime, needs to be punished for severe punishment corresponding to the crime that interferes with the performance of official duties, and there is a record of being punished twice for the same crime (one time the suspension of execution of duties interference, etc.).