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(영문) 창원지방법원 2014.06.20 2014고단888
모욕등
Text

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

Reasons

Punishment of the crime

1. 모욕 피고인은 2014. 3. 18. 01:29경 창원시 의창구 창이대로 309번길 2 부근 도로에서 성명 불상의 여자에게 욕설을 하다가, 신고를 받고 출동한 창원서부경찰서 C지구대 소속 피해자 경위 D로부터 사건 경위를 질문받자, 불특정 다수의 행인들이 있는 가운데 피해자에게 “짭새야, 씨발놈, 개새끼, 뭐하러 왔노”라는 등 욕설하여, 공연히 피해자를 모욕하였다.

2. The Defendant engaged in obstruction of performance of official duties at the same date, time, and place as mentioned in the foregoing paragraph (1) and arrested the police officer as a flagrant offender in the crime of insult by the police officer D, and the police officer E under the same jurisdiction, and committed assault, such as scambling D, and scam the E’s scam scam with the floor by hand.

Accordingly, the Defendant interfered with the police officers' legitimate performance of official duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

1. From among concurrent offenders, the police officers dispatched after receiving a report on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are assaulted by the police officers, and taking a bath to the police officers is a heavy criminal who denies the rule of law, and the defendant does not reflect upon partially denying the crime of this case. In light of the above, it is deemed that it is inevitable for the defendant to choose a sentence.

In addition, considering all the factors such as the criminal records of the defendant and the circumstances leading to each of the crimes in this case, the sentence against the defendant shall be determined as per the order.

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