logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.29 2017고단206
모욕등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On October 31, 2016, at around 18:30 on October 31, 2016, the Defendant publicly insultingd the victim E (53) of the police box of the Incheon Southern East Police Station D, who was dispatched to the scene after receiving a report from 112 that the said restaurant proprietor and customer had been in the presence of the proprietor and the proprietor of the said restaurant, and sent to the site, by openly insulting the victim by openly insulting the victim by using a large voice “I am equal to bit bit bit bit bit bit bit bit bit bit bit son, I am this son.”

2. 공무집행 방해, 상해 피고인은 제 1 항과 같은 일시, 장소에서 손으로 인천 남동경찰서 D 파출소 소속 경위 피해자 E의 가슴을 손가락으로 1회 찌르고, 이와 같은 행위로 인해 모욕 및 공무집행 방해의 현행범으로 체포되자 발로 피해자의 다리를 1회 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports, and at the same time, the victim was sponsed on the right-hand bridge that requires treatment for about two weeks.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. A complaint filed by E;

1. A report on investigation (to hear statements by shots);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 311 of the Criminal Act in relation to the facts constituting an offense (a point of insult), Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act (a point of injury);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (limited to the extent that the punishment is added up with the maximum period of concurrent crimes as provided for in the heavier injury crime (the above two crimes)) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Since a crime for which the sentencing guidelines are not set for the first crime (compacting) and a crime for which the sentencing guidelines are set is in the relation of substantive concurrent crimes, it shall be within the scope of statutory applicable sentences in light of the necessity of respect for the sentencing guidelines.

arrow