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(영문) 수원지방법원 2018.11.08 2018고단4228
모욕등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. Around June 10, 2018, the Defendant insultingd D’s “B” among four persons, including D, in front of Sckis in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, D.

It is next to the perpetrator.

” 라는 내용의 신고를 받고 출동한 경기 수원 중부 경찰서 E 파출소 소속 경찰 관인 피해자 F으로부터 인적 사항에 대한 물음을 받자 인적 사항을 밝히지 않은 채 “ 이 씨 발 놈 아. 깔아 새끼야. 야 이 짭새야. 좆 까 좆 까 씨 발 놈들 아. ”라고 큰소리로 말하며 공연히 피해자를 모욕하였다.

2. The Defendant obstructed the performance of official duties at the time, time, and place of the preceding paragraph, arrested a flagrant offender under the same suspicion as those mentioned in the preceding paragraph, and served in the back seat of the patrol police box, and served in the E police box. On the same day, around 03:40 of the same day, the Defendant assaulted the above F’s cellular phone that was sitting in the lower seat of the Defendant at around 03:40.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A president of the F;

1. Each investigation report (as regards Nos. 1 of the evidence list, recording files submitted by the victim, and patrol stuffs);

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes on six copies of photographic and recording files CDs;

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. The grounds for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds) of the suspended sentence [the scope of the recommended sentence] (limited to the lower limit of the recommendation), and the grounds for obstructing the performance of official duties (in the event that the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor, the scope of the compared sentence with the sentenced sentence and the recommended sentence shall be limited: the offense of insult for which no sentencing guidelines have been set in January to August, and the sentencing guidelines have been set.

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