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(영문) 창원지방법원 2015.01.20 2014고단2848
모욕
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That 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

On October 4, 2014, at around 00:30, the Defendant 19, a 39 Home pl., a 112-ro, the head of the Kimhae-si, etc., was drunked on two-lanes in front of the crosswalk. On the 112 report, the Defendant insulting Kim, who was the victim of the on-site area B district located in the Busan Police Station B zone, and told the victim of the horses, “I am out of the road due to danger” while hearing the horses, and being kept by the surrounding pedestrians, the Defendant insultingd the victim by openly breading the victim “I bit bit bit bit bit bit bit bit bit bit bit bit bit ch.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 311 of the Criminal Act applicable to the crimes and Article 311 of the Election of Imprisonment;

2. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “instant crime”) is that the instant crime was insulting by a police officer who received a report and attempted to help the Defendant, and the commission of the crime was bad in light of the background and method of the occurrence of the crime, the circumstances after the crime, etc., and the need for strict punishment in order to establish the state’s legal order and eradicate the light of public authority.

However, considering favorable circumstances such as the fact that the defendant's mistake is recognized, the punishment shall be determined as ordered by taking into account all other circumstances that form the conditions for sentencing, such as criminal records, character, conduct and environment of the defendant.

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