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(영문) 창원지방법원 통영지원 2016.10.19 2016고단822
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. At around 23:20 on June 8, 2016, the Defendant expressed the victim G, who is a slope belonging to the F District of the Madern Police Station, called “Yeman Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern

Accordingly, the defendant insultd the victims openly.

2. When the Defendant demanded a slope G belonging to the F Zone G of the macro-police station to produce an identification card at the time and place specified in paragraph (1), the Defendant had his face displayed his arms once, and continued to have his chest sealed once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, G, and I;

1. Application of the Acts and subordinate statutes to each complaint, each written statement, and each investigation report;

1. Relevant laws concerning criminal facts, Articles 311 and 136 (1) of the Criminal Act that choose a penalty, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines of the Supreme Court [the scope of the recommended sentence] shall be the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (no special person]. However, since the sentencing guidelines are not applied, the offense of insult shall be considered only by the lower limit of the above sentencing guidelines when determining the sentence.

2. Determination of sentence - Determination of favorable circumstances: the fact that the defendant appears to be an contingent crime that has occurred in a large number of drinking, reflects his mistake, and has no previous convictions;

(1) - Unfavorable circumstances: Shall have been maintained.

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