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(영문) 부산지방법원 동부지원 2017.09.06 2017고단1373

모욕등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 May 22, 2017, at around 03:55, the Defendant, at around 257, sent a bath to taxi article B without paying a taxi fee, and requested the victim C, a police officer belonging to the Maritime Police Station of the Maritime Police Station, who was called out after receiving a report of 112, to “the calculation of a taxi fee and return home” from the victim C, a police officer belonging to the police station of the Maritime Police Station, who was called out after receiving a report of 112 while avoiding a disturbance. However, while the victim B and many unspecified persons are kept, the Defendant publicly insultingd the victim by “the victim, who repeatedly talks to this Chewing febbbbbbbp, and so on.”

2. 피고인은 같은 날 04:03 경 제 1 항과 같은 혐의로 현행범 체포되어 부산 해운대구 D에 있는 E 지구대로 이동한 후 조사를 받기 위해 대기하던 중, 위 C에게 “ 야 씹할 놈 아, 맞짱 뜰까, 개새끼야, 야 이 좆같은 새끼야, 나중에 죽인다 "라고 욕설하며 발로 C의 왼쪽 허벅지 부분을 1회 걷어차고, 약 2시간 동안 큰소리를 지르며 소란을 피워 경찰공무원의 범죄수사 및 질서 유지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense (the points of insult) and Article 311 of the Criminal Act concerning the choice of punishment (the points of obstructing the performance of official duties) (the choice of imprisonment with labor);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or Article 62-2 of the Social Service Order was committed by a police officer who called out after receiving a report to a taxi engineer, taking a bath against the police officer, and exercising violence after arresting an offender in the act of crime, and such crime is not good, and the defendant has a criminal record identical to that of the defendant.

However, the defendant's charges are charged.