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(영문) 창원지방법원 2020.11.03 2020고단2752
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. The Defendant, at around 01:30 on April 4, 2020, insultd the victim at * Nenoby, who was dispatched by the Defendant on the ground of the fee-based dispute with the above singing room business owner, and was urged by the victim C (Nam, 25 years of age) belonging to the Kimhae Police Station B District of the Kimhae Police Station, who was dispatched on the 112 report, to the effect that “the fee shall be calculated and returned home,” and without any other reasons, the Defendant sexual assaulted the victim at the seat of the above singing room business owner and the employee of the above singing room.

2. The Defendant, at the time and place of the foregoing 1. Paragraph 1., committed an act that deemed that he would be able to see the police officers such as Kimhae Police Station B District D, etc., with the words “I will immediately arrest the police officers only once in one hand, on the warning that I want to do so. I will immediately arrest the police officers only once. I want to go against D, while I wanting to go to go to the police officers in order to go against it.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant E in court statements;

1. Application of laws and subordinate statutes to each investigation report and accompanying documents to C, D, F, G, H, and I’s written accusation, written statement, police protocol, and each police protocol;

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

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

1. Article 62 (1) of the Criminal Act (including the fact that only two times a fine is imposed and it is against it);

1. It is so decided as per Disposition for the reason that community service and lecture attendance order is more than Article 62-2 of the Criminal Act (for the prevention of re-offender);

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