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(영문) 부산지방법원 2017.10.18 2016고단7697
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Definite Defendant: (a) on November 25, 2016, on the ground that police officers dispatched after receiving a report on the road in front of the Busan Geum-gu, Busan and reported on November 13:10, 2016, pursuant to D et al., who are neighboring residents; (b) on the ground that they did not enter their stories, the Defendant: (c) on the part of the victim, “F (36 tax) affiliated with the Busan Geum-gu, Police Station Eargu; (d)

Since then, police officers made a public insultd the victim by referring it to the large swelth “swel swel”.

2. The Defendant obstructed the performance of official duties, upon receiving a report at the time, time, and place of the preceding paragraph, opened a police steering room for the police vehicles that the police officer was on board G while G was on board, and assaulted by the police officer, such as flabing the flab of G during the Busan Franchial Police Station Ethle, and blabing the flab of G during the districts belonging to the Busan F

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Application of Acts and subordinate statutes on police statements made to G and F;

1. Relevant legal provisions concerning criminal facts, Article 311 of the Criminal Act (the point of insult) of the choice of punishment, Article 136 of the Criminal Act (the point of obstructing the performance of official duties) and Article 136 of the Criminal Act, 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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no record of punishment exceeding a fine and the fact that the degree of violence against the obstruction of execution of public duties is insignificant);

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