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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 2017. 3. 26. 23:00 경 평택시 B에 있는 C 주점에서, 술값 시비 문제로 112 신고를 받고 출동한 피해자들인 평택경찰서 D 지구대 소속 경장 E(41 세), 경위 F( 남, 57세), 순경 G( 남, 28세 )으로부터 술값을 지불하고 귀가할 것을 요구 받자 화가 나 노래방 업주와 피고 인의 일행들이 있는 자리에서 피해자들에게 “ 씨 발, 짭새 새끼들, 니들이 무슨 대수냐
C. D. H. H. H. H. H. H. H. H. H. was expressed in a large sense.
Accordingly, the Defendant insultd the victims each by openly.
2. The Defendant obstructed the performance of official duties at the time, time, and place described in the preceding paragraph, and during the insult of the said police officers as described in the preceding paragraph, he assaulted the shoulder of H, a police officer called the police officer called together with the above police officers one time in his hand, and attempted to see the snow of the above H with his hand.
Accordingly, the defendant interfered with the prevention and suppression of police officers' crimes and legitimate execution of their duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of Acts and subordinate statutes to each complaint (E, F, and G);
1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The sentencing criteria for obstructing the performance of official duties (the scope of recommended punishment) and the mitigated area (one-month or August);
2. Determination of sentence - Determination of favorable circumstances: The degree of recognition of a crime, reflectivity, insult, and assault is not more severe, and there is no record of crime during the last seven years : Before and twice (the fine in 2005, the suspended sentence in 2007) - Each of the above circumstances, circumstances of the crime in this case, circumstances after the crime, the age of the defendant, and sexual intercourse.