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(영문) 서울중앙지방법원 2015.04.22 2014고단3350
모욕등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. At around 04:52 on May 3, 2014, the Defendant: (a) received a report from 112 and requested D’s background leading up to the Seoul Central Police Station C District of Seoul Central Police Station, which called “a dangerous act in taxi”, to leave the vehicle on the vehicle; and (b) subsequently, the Defendant made a public insult of the victim by openly insulting the victim by taking care of the victim, such as “Ie chch fla n n n n n n n n n n n n n n n n n n n n n n n n n n

2. At the above date, time, and place of obstruction of performance of official duties, the Defendant arrested the Defendant as a flagrant offender in the crime of insult, leaving the Defendant from the back seat of the taxi, and boomed the said D’s arms into the back seat of the patrol vehicle, boomed the said D’s arms into the back seat of the patrol vehicle, caused the Defendant to face with the left part of the patrol vehicle, and obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to photographs taken by assault victims;

1. Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] : Category 1 (Obstruction of Performance of Official Duties/Performance of Duties) - Where the degree of assault, intimidation and deceptive scheme is minor [Determination of the area of recommendation] mitigation area: The minimum applicable area only to the sentence] 6 months of imprisonment (determination of sentence ] . (Determination of sentence ...... there are concurrent crimes for which no sentencing guidelines have been set, the minimum applicable period is set ....) . 6 months of imprisonment (determination of sentence ....... ( whether suspended sentence ........... of punishment including punishment records, etc. after the crime of obstruction of performance of official duties, the circumstances after the crime, and the circumstances after the crime of obstruction of performance

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