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(영문) 대전지방법원 천안지원 2014.09.26 2014고단927
모욕등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around 00:20 on May 29, 2014, the Defendant, under the influence of alcohol, was under the influence of alcohol in front of the “D” letter, “D” located in Western-gu, Western-si C, Western-si. Around May 29, 201, the Defendant reported that the victim E (the 46-year-old) was urged to return home from the victim E (the assistant of the Yananananbuk Police Station, who was dispatched to the site after receiving a report of 112 report by the 112 person, and three to four persons, who were in an influence of his name, was under the supervision of the victim on a large scale.”

Accordingly, the defendant openly insultingd the victim.

2. At around 00:34 of the same day as the preceding paragraph, the Defendant was arrested as a flagrant offender under suspicion of insult, and was transferred to the F District of the Yanananbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and continued to take a bath and avoid disturbance, and refused to comply with the request for identification.

Accordingly, the victims and two police officers in the preceding paragraph determined that the escape could occur, and the defendant assaulted the victim's chest on one occasion due to the right edge.

Accordingly, the defendant interfered with the legitimate execution of duties of the victim's situation in the district.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Application of the Acts and subordinate statutes on screen pictures following a CCTV closure;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of insult and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the punishment specified for the crime of obstruction of performance of official duties, which is heavier than the punishment), among concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., the confession of the defendant and reflective facts against the defendant, and the suspension of execution or more).

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