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(영문) 춘천지방법원 원주지원 2013.12.24 2013고단535
모욕등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 9, 2013, around 22:50, the Defendant: (a) requested a taxi engineer to pay the taxi fee unpaid by the victim D (Nam, 42 years of age) in front of the C District District located in C District B, and returned home as soon as possible; and (b) made a public insult to the victim, while the victim, who is a taxi engineer E and sloping F, was heard by the victim, saying, “ging, shot,” “ging,” and “ashing”.

2. On July 9, 2013, at around 23:05, the Defendant: (a) requested the Defendant to return home from the latitude during the influence of alcohol in the C District as set forth in paragraph (1); (b) the lower part of the said G was fluored once on a fluorous hand; and (c) as as the floor of the G was fluored with the upper left hand of the G, the Defendant continued to fluoring the left rank of G and the fluordle with a fluorial hand.

Accordingly, the defendant interfered with legitimate execution of duties related to public security duties of police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Application of respective Acts and subordinate statutes of D, E, and G;

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. Reasons for sentencing among concurrent offenders under the former part of Article 37, Articles 38 (1) 2 and 50 (within the scope of adding up the long-term punishments) of the Criminal Act;

1. The sentencing criteria for the crimes of obstruction of performance of official duties for which the sentencing criteria are set;

(a) Standard for the sentence and sentence [decision of the type of punishment] among the crimes of obstruction of the performance of official duties, the first category of obstruction of the performance of official duties (the coercion of obstruction of the performance of official duties/performance of duties): No aggravated element: None of the relevant factors (the scope of recommendations): Imprisonment with prison labor for not less than six months nor more than one year and four months;

(b) Criteria for the suspension of execution [main reasons for the suspension of execution] No negative: No negative effect that there is no positive reason: A person who has been sentenced to suspension of execution on at least two occasions.

2. Sentencing Criteria shall be set;

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