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(영문) 수원지방법원 2015.09.21 2015고단3506
모욕등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 22:30 on June 15, 2015, the Defendant: (a) asked the victim C belonging to the Suwon Police Station B District B, who was sent to the site after having reported about 112 that he/she was a person who was able to take a bath and take a trial expenses; (b) without any justifiable reason, expressed the victim D, who was affiliated with the said District, may be punished as a crime of insult if he/she takes a bath; and (c) requested the victim D, who was affiliated with the said District, to give notice that he/she would be punished as a crime of insult; and (d) continued refusal to give such a statement, “A victim who was sent to the site after having been reported about 112 that he/she was a person who was able to take a bath and take a trial expenses.”

2. The Defendant: (a) committed an act of obstruction of performance of official duties at the time and place above; (b) committed an act of assaulting a police officer, such as having a humo dancing with the Defendant in his hand in order to arrest the Defendant as a flagrant offender in the crime of insult; (c) having the chest part of D’s chest part in hand sealed with the breath, and breath with the breath in hand, thereby obstructing the police officer’s legitimate performance of duties regarding the arrest

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police with respect to C and D;

1. Each complaint;

1. 112 Notification to a department related to a reported case;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the degree of punishment for the crime of obstruction of performance of official duties is minor, such as the mitigation area (one month to eight months) (special mitigation person), mitigation area (one month to eight months), mitigation area (special mitigation person), the degree of violence, intimidation, and deceptive scheme;

2. The defendant who has received a report in regard to all crimes;

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