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(영문) 부산지방법원 2018.06.05 2018고단1485
모욕등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, from around 02:05 on April 3, 2018 to around 02:13, 2018, insulting the Defendant: (a) was on the street in front of the D Marart located in Busanjin-gu, Busan, and reported at the expense of 112 at the time of taxi charges; and (b) was sent to the Busan, Busan, Police Station Epician, where the F of the Assistant Team affiliated with the Busan, F of the Police Station Epician, etc. was heard by the taxi engineer, etc., for returning home after calculating the taxi fee.

Does the police officer determine this situation easily;

In a large sense, the victims were openly insultingd.

2. The Defendant interfered with the performance of official duties by assaulting the police officer, such as continuing to take a bath at the time, time, and place specified in Paragraph 1, and continuing to take a bath at the E police box, thereby pushing F with his body while the assistant F, who belongs to the E police box, was only said F, and taking the breast part on a drinking house once, etc., thereby obstructing the police officer’s legitimate performance of duties concerning the mobilization of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area (from June to one year and six months) of the 1st category (Interference with the performance of official duties and coercion of duties) [Determination of sentence] of the defendant reflects his mistake, the motive and circumstance of the crime in this case, degree of damage, criminal records of the defendant, etc. are taken into account.

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