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(영문) 인천지방법원 2019.06.20 2019고단2824

모욕등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 00:32 on April 5, 2019, the Defendant insultd the victim publicly, such as, at the restaurant of the trade name “C” located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, the Defendant, the police officer called “C” after receiving a report of 112 that the Defendant took a bath, and avoided the disturbance, and then, the victim D, the police officer called the victim D, who was called the police officer, who was dispatched after receiving a report of 112 that he and the customer was in the presence of the proprietor and the customer.

2. Around 01:00 on April 5, 2019, the Defendant: (a) expressed that “A police officer demanded to return home on several occasions from F before “E convenience stores” located adjacent to the place specified in paragraph (1); (b) the Defendant: (c) expressed that “A police officer was required to return home on several occasions; (d) f.i.e., e., f., f., f.s., f.s.; (e) a set of bitch f.s.; (e) a bitch f.s.; (e) a bitch f.s.; (e) a bitch f.s.s.; and (e) a victim’s chest at one time.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

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

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Article 1] No person who has the obstruction of performance of official duties [Article 1] [Article 1] [Scope of Recommendation and Recommendation] Basic Field, 6 months to 6 months of imprisonment

(b) Second offense (definite or not).

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (a concurrent crime with an offense for which no sentencing guidelines are set);

2. Determination of sentence: The eight months of imprisonment with prison labor shall be sentenced to a suspended sentence of two years on May 10, 2018.