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(영문) 대전지방법원 천안지원 2015.11.24 2015고단1533
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. Around August 2, 2015, at around 19:55 on August 2, 2015, the Defendant insultingd the victim by openly insulting the victim by taking a large voice of “E” restaurant operated in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Yandong Police Station Fab, which was called to the site after receiving a report 112 by the Defendant, for the purpose of understanding the circumstances of the instant case against the Defendant by the Defendant, the Defendant: (a) the owner of the defective business; (b) the owner of the defective business; (c) the police officer should be the victim in the presence of the victim’s name-free customers; and (d) the instant son, who is said to be the police officer, shall have the tax dice, and all of them have to have the dives.”

2. On August 2, 2015, the Defendant interfered with the performance of official duties: (a) around August 2015, 2015, on the way front of the F patrol box located in Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, where he was arrested as a flagrant offender by an insulting act stipulated in paragraph (1) of the said Article and arrived before the said patrol box, and (b) during the course of getting off and getting out of the patrol box with G’s assistance, the Defendant interfered with the legitimate performance of duties concerning the duty of the police officer’s 112 report, etc.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes concerning victim G Assault photographs;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Taking into account the absence of the record of obstruction of performance of official duties, and the absence of a criminal punishment exceeding a fine for the last ten years);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria;

A. Basic area (6 to 1.4 months) of the basic area (6 to 1.4 months) of the obstruction of performance of official duties (the scope of recommendation)

(b) A crime of insult:

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