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(영문) 의정부지방법원 고양지원 2018.05.11 2017고단3839
모욕등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant’s insult, on December 18, 2017, on the street in front of the D cafeteria located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, (hereinafter “D) was reported and sent to the site after receiving a report from 112, and was urged by the Defendant to return home from F, G, and a large number of behaviors.

Madern with mind.

The victim publicly insultingd the victim by “......”

2. Around December 18, 2017, the Defendant: (a) 22:45, the Defendant: (b) took a bath to a police officer, who protected the Defendant under the influence of alcohol in the Goyang-gu E District District of the Goyang Police Station E District located in Seoyang-gu, Seoyang-gu; (c) was able to take measures from a police officer belonging to the Goyang Police Station E District; and (d) obstructed the Defendant from walking the I’s left left bucks.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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

1. As to the obstruction of the performance of official duties in the judgment on the Defendant and defense counsel’s argument under Article 62(1) of the Act on the Suspension of Execution, the Defendant and defense counsel asserted that the Defendant and defense counsel did not interfere with the execution of official duties, since the police officers dispatched the Defendant, even though the Defendant expressed his intention of returning home, forced the Defendant to accompany him in the form of voluntary accompanying, and the Defendant used the police officer to assault the Defendant

The F, F, and I, the police officer at the time, are in accord with this law, and at the time of the dispatch, the defendant will take care of the case as an insulting crime against F by taking a bath against F at the time of the dispatch.

It shall be demanded to accompany voluntarily after such time and in accordance with the manual.

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