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(영문) 서울북부지방법원 2014.12.05 2014고단2921
모욕등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On August 19, 2014, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for damage to public goods at the Seoul Northern District Court, and the judgment was finalized on August 27, 2014.

【Criminal Facts】

1. On June 5, 2014, at around 06:46, the Defendant made a public insult of the victim on the ground that the victim D was asked for the circumstances of the instant case where the victim D was called for a police box affiliated with the Seoul Southern Police Station C, who was called up after receiving a report that the Defendant 70-3 was scambling and scambling the alcohol disease at a 06:46-3, Jungdong-gu, Seoul, Seoul, and called “scambling and scambling the police officers.”

2. At the time and place specified in Paragraph (1) of this Article, the Defendant: (a) asked the police officer assigned to the Seoul Central Franc Police Station C police box to re-examine the situation of the instant case; (b) took cellular phone from the victim’s face; and (c) continuously arrived at the police box; and (d) asked the police officer at the police station where the Defendant was located to “Is that I would see this spaws on human rights; and (b) interfered with legitimate performance of duties concerning handling and investigation of the police officer’s report within the police box by assaulting the police officer’s face, such as spashing it on the face.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of E and F;

1. Complaints and photographs of evidence;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to judgments during the period of suspension of execution of the accused) or other statutes;

1. Relevant Articles 311 and 136 (1) of the Criminal Act concerning facts constituting an offense.

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 Code of the Suspension of Execution is that the defendant repents his mistake, and the age, character and conduct, intelligence and environment of the defendant, and so on.

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