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(영문) 서울동부지방법원 2016.09.01 2016고단1919
모욕등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

On June 24, 2016, at around 01:10, the Defendant: (a) received 12 report from the victim D, who is a police officer belonging to the Seoul Mine Police Station C District, and received a request for returning home from the said police officer; (b) committed assault, such as assaulting the police officer’s face several times to prevent and investigate the crime; and (c) interfered with legitimate execution of duties concerning public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The part dismissing public prosecution (in cases of insult) under Article 62 (1) of the Criminal Act (i.e., the fact that the person's mistake is pened in depth, the fact that there is no record of criminal punishment except once a fine, and the fact that the damaged police officer wants to leave the seat of the defendant);

1. At around 01:10 on June 24, 2016, the Defendant made a public insult of the victim by openly exposing the victim by following a report of 112 that “Nei is going to the end of a transfer train,” a police officer belonging to the Seoul Mine Police Station C District, who was called out after receiving a report of 112 that “Nei is going to the end of a transfer train,” and the victim D, a police officer belonging to the Seoul Mine Police Station C District, who was called out, made a request for returning home, and a large number of people such as the service personnel report.”

2. The facts charged in this part of the judgment are crimes falling under Article 311 of the Criminal Act, and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the records, the victim’s withdrawal of the complaint against the defendant around August 31, 2016, which was after the public prosecution of this case was instituted. Thus, this part of the public prosecution is dismissed pursuant to Article 327(5) of the Criminal Procedure

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