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(영문) 서울동부지방법원 2014.04.24 2014고단146
모욕등
Text

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

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor or 3 years of suspended execution due to the obstruction of performance of official duties by the Seoul Eastern District Court on September 25, 2013 and the said judgment became final and conclusive on October 3, 2013

1. On January 2, 2014, at the D police station located in Gangdong-gu, Gangdong-gu, Seoul, and the victim F, an unspecified number of police officers and civil petitioners, who are the police officers and the police officers belonging to the same police station, have publicly insulting the victim by openly insulting the victim by taking a large voice “this spath, bit bit bit bit bit bit bit bit.”

2. At the date, time, and place indicated in the above Paragraph 1 above, the Defendant threatened the victim by stating that “F, at the same time and place, arrested a flagrant offender and attempted to prepare an investigation document,” and that F, said police officer F, “I amb off the deceased, knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knifes

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in flagrante, preparation of investigation documents, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A complaint; 1.A statement of criminal history, etc., and a report of investigation (the report on the results of confirmation before the disposition, the report on the results of confirmation, and attached documents to the previous judgment, etc.); and

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 311 of the Criminal Act (the point of insult and the selection of a disciplinary penalty);

1. Reasons for sentencing among concurrent offenders under the former part of Article 37, Articles 38 (1) 2 and 50 (within the scope of the sum of the long-term punishments of two crimes) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than six years;

2. 양형기준상 권고형의 범위 : 징역 6월 ∽ 1년 4월 ...

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