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(영문) 수원지방법원 2018.06.08 2018고단2078
모욕등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In a case where a victim C, the police officer of the police station B in the Sung-dong Police Station B in the Sung-dong-dong Police Station, called on the 112 report while drinking alcohol on the bar 8-6, 1039, Doz. on April 4, 2018 at around 20:10, the Defendant: (a) instructed the victim to return home; (b) the victim, who was the police officer of the police station B in the Sung-dong Police Station, called on the 112 report; and (c) instructed the victim to return home on the spot where he/she is a nearby packing horse, customer D; (c)

Dr. Trank Doz.

In a large sound, “the victim was openly insultingd.”

2. The victim C, a police officer of the above police, tried to arrest the Defendant as an offender at the time and place specified in paragraph 1, which led to a failure to obstruct the performance of official duties, and the injured Defendant’s failure to observe the part of the victim’s left right.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the prevention and control of crimes, and at the same time, the victim needs to receive approximately two weeks medical treatment, such as the following bridge, and the tabbling part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Complaint;

1. Side photographs of the assault;

1. Application of Acts and subordinate statutes of a medical 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 Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment is aggregated with the offense of insult and bodily injury, the aggravated punishment of concurrent crimes with the punishment prescribed for the heavier injury, and the long-term punishment for the two crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One kind of general injury shall be applied to the sentencing criteria [the scope of applicable sentences] and imprisonment for not more than eight years (the scope of recommended sentences].

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