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(영문) 서울북부지방법원 2020.12.16 2020고단3975
모욕등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around August 21, 2020, the Defendant filed a complaint with D on the road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, for a 112-report that “The grandchildren will pay for the time without having arrived at the destination,” which was sent to D, a police officer belonging to the Seoul Eastdong Police Station C District District, who was called “D, who would not take a bath from D, and would have been sexually fried. The Defendant assaulted D with D’s clothes one time due to a frien that he was in possession of the frietia “.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. The victim's standing photograph, fluoric photo;

1. A detailed statement on processing reported cases;

1. Application of CCTV-faging photographs and backups-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the crime of this case on the grounds of probation and community service order shall be determined as above by comprehensively taking account of all the factors of sentencing, including the following factors: (a) the nature of the crime is not good to obstruct police officers from performing their official duties; (b) there is no record of punishment exceeding the fine; (c) the perception of committing a crime; (d) the details, method and consequence

Public Prosecution Rejection Parts

1. 공소사실 피고인은 2020. 8. 8. 21:10경 서울 동대문구 B 앞 도로에서 ‘손님이 목적지 도착 후 내리지 않고 시비를 건다’는 112신고를 받고 출동한 서울동대문경찰서 C지구대 소속 경찰관인 피해자 D로부터 귀가를 요구받자 그곳을 지나가는 다수의 시민이 듣고 있는 가운데 피해자에게 “야 씨발놈아 씹새끼야, 넌 뭐야 나 전직이야 씨발놈아 너는 내가 옷 벗길 수 있어 씹쌔끼야“라고 욕설하여 공연히 피해자를 모욕하였다.

2. In the case of this case:

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