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(영문) 서울중앙지방법원 2016.12.01 2016고단3806

모욕등

Text

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

except that 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

1. Defluence;

A. At around 01:30 on June 1, 2016, the Defendant expressed the victim C’s abusive speech to the victim C with the large interest of “Iss children, spaws children, and spathic spaws,” and publicly insultd the victim C, on the ground that Isnishing the drinking together at E main points located in Gangnam-gu Seoul Metropolitan Government D, and the Defendant refused his proposal.

B. The Defendant, at the same time, and at the same place as in the preceding paragraph, insulting the victim G by openly insulting the victim by putting the victim “Is the baby, spawn, spawn, spawn, spawn, and spawn,” on the part of “Is the baby, spawn, and spawn.”

2. 공무집행방해 피고인은 전항과 같은 일시, 장소에서 위와 같이 욕설을 하는 등 소란을 피우다가 112 신고를 받고 현장에 출동한 서울강남경찰서 H파출소 1팀 소속 경장 I으로부터 이를 제지받자, I에게 “씨발 새끼야, 너는 뭐야, 웃기고 있네, 니들 경찰 짭새들 가만히 두지 않겠다, 죽여버리겠다”라고 욕설을 하면서 팔로 복부와 어깨 부위를 수회 밀치고, 오른 주먹으로 안면부를 1회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, F, and I;

1. Statement of the police officer to I;

1. Written statements of J and G;

1. Application of the Acts and subordinate statutes applicable to G and C of each complaint;

1. Article 136 (1) and Article 311 of the Criminal Act and the choice of punishment for the crime;

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

1. The fact that the defendant committed the instant crime even though he/she had been in the period of probation under Article 62(1) of the Criminal Act, and the crime of insulting the victims who did not know well, is not good.