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(영문) 서울중앙지방법원 2015.04.02 2015고단550

모욕등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 3, 2015, at around 12:30, the Defendant publicly insultingd the victim on the ground that: (a) the Defendant received the 112 report that the principal offender was in front of Gwanak-gu in Seoul Special Metropolitan City, and received the 112 report; and (b) the slope D belonging to the Seoul Gwanak-gu Police Station C District, which was dispatched, asked the Defendant at the seat of the 112 reporter, etc. in order to send the Defendant home to the patrol vehicle; and (c) thereby, the Defendant read the victim “at the seat of 112 reporter, etc.”

2. On January 3, 2015, at around 01:30, the Defendant was arrested and detained in the act of insult at the Seoul Gwanak-gu Seoul Gwanak Police Station C District, Seoul, Gwanak-gu, Seoul, as a crime of insult, and then was compelled to be compelled to leave the clothes of the packer, and the said victim “packed off the clothes of the packer. packer,” and the victim avoided the disturbance, and the victim prevented the police officer from performing his/her legitimate duties in relation to the criminal investigation.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In the case of the crime of obstruction of performance of official duties by the sentencing criteria, the sentencing criteria are not applicable to the basic area of the category of the first to June, and the sentencing criteria are not applicable to the offense of insult. Therefore, the lower limit of the sentencing criteria is based on the lower limit of the sentencing range in the crime of which the sentencing criteria are set.

2. The sentence shall be determined as per the order, taking into consideration the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant is in the depth of the sentence, the degree of assault and violence is relatively heavy, the fact that there is no criminal record of a stay of execution or more, the age, environment, circumstances and details of the crime and the circumstances after the crime.