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(영문) 부산지방법원 동부지원 2017.04.13 2017고단159
모욕등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant was aware that he had been in common.

B, while drinking alcohol in B's house, it has caused a dispute with B.

B The same shall apply to those which have fighting in an apartment.

“A” is indicated as “F” in the indictment to which the Busan Southern Police Station C box, which was called upon the report of 112 neighboring residents, belongs, but this is a simple clerical error in the D’s indictment.

Police Officer E changed the Defendant from his house to his house.

The request was made.

1. The Defendant, who received a 112 report at the house located in Nam-gu, Busan on January 13, 2017 at around 01:00, and received a request for eviction from the victim D, who is a police officer called up, and received a request for eviction from the police officer B and E, in the situation where B and E are accompanied, “A victim is a police officer.”

Until the opening door door, the victim was openly insultingd, such as taking a bath to the opening door. Shell. . . . .........

2. The Defendant interfered with the performance of official duties at the same time, at the same place, and immediately after being arrested as the current offender of insult D, and committed assault, such as knenee, kneee, knee, knee, knee, knee, knee, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the arrest of D flagrant offenders, who are police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a police statement report, accusation report, investigation report (e.g., details at the time of dispatch to the scene) to D;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. A crime of violation of Article 62-2 of the Criminal Act: The reason for sentencing [the scope of a recommendation] of Article 62-2 of the Social Service Order Act: A crime of insult is not set in the sentencing guidelines for the crime of insult: The basic area (six months to one year and four months) (the decision of sentence) of the basic area (the suspension of performance of official duties from June to one year) of the type (the obstruction of performance of official duties).

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