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(영문) 서울남부지방법원 2018.12.21 2018고단5340
모욕등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 8, 2018, the Defendant: (a) claimed that Defendant D’s daily activities and E were different from each other at the main station located in B, Dacheon-si, Sincheon-si, B; (b) had been asked the victim G, a police officer belonging to the F District Police Station F District Unit, who was dispatched after receiving a report 112 and had been asked about the instant case from the victim G, who was the police officer belonging to the Seocheon-gu, Ocheon-gu, Police Station F District; and (c) expressed the victim’s desire to “satch, satt, and satt,” and “satt like sat.”

The Defendant openly insulting the victim.

2. Obstruction of the performance of official duties, injury Defendant took a bath as stated in paragraph 1 at the date, time, place, and place, as stated in paragraph 1, and the police officers I ( South, 41 years old) belonging to the F District of the Seocheon-gu Police Station F District assigned to the site, and the above I expressed a bath to the above I, and received a part of the face of I as one head.

As such, the Defendant assaulted police officers I to interfere with legitimate performance of duties concerning the prevention and investigation of crimes, maintenance of order, etc. of I, and, at the same time, committed the victim I with damage to sins which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G, I, and H;

1. Side photographs of a police officer's damage;

1. Written complaint;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 311 of the Criminal Act in relation to the facts constituting an offense (a point of insult), Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act (a point of injury);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking account of the following circumstances: (a) the Defendant’s reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was to insult the police officer dispatched upon receiving a report by the Defendant; and (b) assaulting another police officer to inflict an injury; and (c) the nature of the crime is not good; (d) the degree of assault against the police officer was serious; and (e) the victim police officer did not recover from damage.

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