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(영문) 대구지방법원 포항지원 2013.11.27 2013고단986
모욕등
Text

A defendant shall be punished by imprisonment for six 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 00:50 on September 5, 2013, the Defendant publicly insultingd the police officers with the words “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am am, I am, I am am, I am am, I am am, I am, you am.....”

2. On September 5, 2013, around 00:55, the Defendant: (a) at the same date and time as Paragraph (1) of the same Article; (b) the police officer, who called “E” at a place, tried to take away from the place to return to the Defendant; (c) the police officer, “I am on the test, but I am on the right side of the E,” expressed the desire to read “I am on the one hand, I am on the other.”

Accordingly, the defendant, by force, interfered with the legitimate execution of duties concerning the dispatch of report 112 and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to E and G;

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 311 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do134, Apr. 1, 20

1. Social service order under Article 62-2 of the Criminal Act;

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