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(영문) 서울북부지방법원 2014.01.28 2013고단2641

모욕등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is under a state that the Defendant lacks the ability to discern things or make decisions due to the proof of alcohol existence,

1. Around 02:30 on October 21, 2013, the Defendant: (a) reported to 112 a failure to perform his/her duties, such as taking the employees F and three customers on his/her name in his/her place, at the 1st underground floor E stores of Gangnam-gu Seoul, Gangnam-gu; (b) reported to 112; and (c) provided the assistant H of the Seoul Gangseo-gu Seoul Gangseo Police Station G police box called “YY YE, EFE, Mabris,” expressed that he/she is “YY,” and openly insulting H on the job where he/she had the said F and F customers.

2. The Defendant: (a) was arrested as a flagrant offender of the crime of insult and boarded the patrol unit; and (b) took the face part of the above H, who was accompanied by the rear seat, in the vicinity of the mine shooting distance located in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu; and (c) took the face part of the above H at one time, the Defendant interfered with the legitimate execution of duties concerning the suppression of crimes and criminal investigation of the above H, by taking the face part of the H at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement;

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

1. Articles 311 and 136 (1) of the Criminal Act applicable to the crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( comprehensively considering all circumstances, such as the fact that the suspension of execution is against the law and the degree of violence is not serious);

1. Social service order under Article 62-2 of the Criminal Act;