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(영문) 인천지방법원 2014.10.29 2014고단6261
모욕등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 8, 2011, the Defendant was sentenced to embezzlement, etc. at the Incheon District Court on November 8, 201, and completed the execution of the sentence on January 29, 2013.

1. At around 20:10 on August 31, 2014, the Defendant, at the Incheon Southern Police Station Ea, located in Incheon Southern-gu, Incheon, Incheon, where the Defendant and the same taxi engineer F did not pay a taxi fee, and when the Defendant received a request to resolve the problem, the Defendant, upon receiving a request from the victim G police officer to pay a taxi fee and return home from the victim of the instant police box, he saw the cry, and the said F crypted into the cry, and the Defendant sexually insultingd the victim, while the said F crying the crypted, the Defendant crying the victim “F bit bit bitch bitch, bitch, bitch bitch, bitch bitch bitch, bitch bitch bitch bitch, and shing bitch bitch

2. On August 31, 2014, the Defendant: (a) was arrested in the act of insult for the same reason as the facts charged on the charges No. 1; and (b) was released; and (c) the Defendant was scambling in the instant E box; (d) was scambling in the front of the instant E box; and (e) was scambling in the front of the instant E box; and (e) was scambling the scam of the police officer on his hand at one time, and obstructed the police officer’s legitimate performance of duties concerning the prevention of crimes and arrest of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. CCTV photographs;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Where the extent of the punishment for the obstruction of performance of official duties is minor, such as the scope of the punishment for the obstruction of performance of official duties (in January or August), the area of mitigation (special mitigation) (in January or August), the degree of violence, intimidation, and deceptive scheme;

2. The defendant who has rendered the decision of sentence shall be insulting;

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