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(영문) 대구지방법원 2018.11.27 2018고단4118
모욕등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 모욕 피고인은 2018. 8. 3. 22:10 경 대구 수성구 동대구로 300 소재 범어 네거리에 있는 버스 정류장 근처에서 술에 취한 채 아무런 이유 없이 음주 단속 중에 있는 경찰 관인 피해자 B, 피해자 C에게 다가가 " 야 이 새끼야, 언 능가서 도망간 놈 잡아 와라. 난 선량한 시민이다 짭새 새끼들 아, 똑바로 근 무해라

h. The air stick among the public is raised up.

The victims were openly insultingd before people waiting for a bus in the surrounding area for about 30 minutes, such as hinginging and sound.

2. On August 3, 2018, the Defendant interfered with the performance of official duties, for about five minutes in the instant bus, which was listed on the police bus located in Daegu-gu, Daegu-ro 300, and was parked in the Negu, Daegu-ro 300, and the police officer B, who avoided the disturbance by avoiding disturbance, would have caused the death of the dog, embs, embs, and internal organs. “On the part of the police officer, the Defendant carried out three times the body parts of the police officer B.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 7);

1. Article 311 of the Criminal Act applicable to the facts constituting an offense (a point of insult) and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment] There is no person who has a basic area (from June to one year and six months) (the person who is subject to special sentencing] [the decision of sentence] 8 months of imprisonment, the period of suspended sentence 2 years, the circumstances under the conditions under the suspension of execution / 3 months, and other circumstances under the defendant's age, occupation, sex, environment, motive, means and consequence of crimes, etc., and the circumstances after crimes.

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