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(영문) 수원지방법원 2019.07.18 2019고단2733
모욕등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 10, 2019, the Defendant, on the street in front of the Cmiddle School located in Busan Dong-gu, Busan, by failing to pay a taxi fee in front of the Cmiddle School located in B, and solicited the victim to pay a taxi fee and return home by the 112 staff member of the Busan Dong Police Station E zone located in the Busan Dong Police Station E zone, which was called the victim, who was called the victim after receiving a 112 report, and was called the victim, to return home, the Defendant, without any justifiable reason for under the influence of alcohol, insultingd the victim by openly insultinging the victim by taking the above D and the majority of the pedestrians, such as “Ig, e-mail, sick, and kick,” and “Ign the knit.

2. The Defendant committed assault, at the time and place of the foregoing paragraph (1) above, that the head of the police station affiliated with the Busan East Police Station E-gu, Busan Police Station, recommended him to restrain the Defendant from doing the act identical to that of paragraph (1) above, pay a taxi fee, and return home after paying the taxi fee. The Defendant took a bath, took a bath twice the part of G’s bath, and assaulted him by his hand, such as the wheels with his face with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, D, and G;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (on the spot situation at the time of entry);

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

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act [the punishment heavier than that of the obstruction of performance of official duties (to the extent that the punishment is added up with the maximum term of the crimes above)];

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of punishment by law: Imprisonment for one to six years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).

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