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(영문) 의정부지방법원 고양지원 2017.09.14 2017고단1986
모욕등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around 18:30 on June 06, 2017, the Defendant was under the influence of alcohol in front of the building B in Gyeyang-gu, Seoyang-gu. Around 18:30 on the same day, and the Defendant received a report, and sent the victim D, a police official belonging to the police unit C in the Goyangyang Police Station C, to transfer the victim to a dangerous one, and the victim was sexually insulting, E, etc., who heard the victim, and the victim was frighted.

2. The Defendant interfered with the performance of official duties, at the time, at the time, at the places specified in paragraph 1, was found to be an offender of the offense of insult by D, which is the police officer, and the Defendant: (a) told D to check his personal information and return back to the patrol lane; and (b) obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reports by assaulting D’s 112 reports by booming D’s desire to have his personal information known and returned to the patrol lane.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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. Interference with the reasoning for sentencing under Article 62(1) of the Criminal Act not only undermines the function of the State’s legal order by nullifying the legitimate exercise of public authority, but also undermines the safety of the general public, so it is necessary to impose severe punishment corresponding thereto. The crime’s nature is not somewhat weak by obstructing the performance of official duties by insulting and assaulting police officers in the course of performing official duties, not recovering damage, not recovering damage, and there are records of force punished by multiple violent crimes, including probation.

(b).

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