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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Justice] On February 17, 2012, the Defendant was sentenced to a fine of one million won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.) at the Seoul Eastern District Court on February 17, 2012, and three million won for the obstruction of performance of official duties and the crime of assault at the Seoul Southern District Court on March 12, 2013.
【Criminal Facts】
1. Around 00:40 on August 20, 2013, the Defendant assaulted the victim on the street, “D” in the operation of the victim C(33 years of age) in Ansan-si, Ansan-si, and on the ground that the victim was under the influence of alcohol by citing plastic chairs owned by the victim and preventing himself/herself.
2. 모욕 피고인은 같은 날 01:00경 안산시 상록구 E 앞 노상에서, 위와 같은 폭행신고를 받고 출동한 안산상록경찰서 F지구대 소속 경장인 피해자 G이 자신에게 폭행경위에 대해서 물어보자, 폭행 피해자인 C 등이 있는 자리에서 피해자에게 “야, 씨팔, 짭새 새끼들아! 니들이 뭔데 끼어들어. 이 짭새 새끼들아!”라는 욕설을 하는 등 공연히 피해자를 모욕하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and C;
1. Each statement of H and C;
1. Each photograph and each investigation report;
1. Application of Acts and subordinate statutes to inquiries, notifications of dispositions, undispositions, and reports on results of confirmation;
1. Articles 311 and 260 (1) of the Criminal Act applicable to the crime;
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 provides that the defendant has a different sentence from that of the same type of punishment, and that the crime is committed in light of the methods and results of each of the crimes of this case, and that there is no agreement between the victims and the victims. However, the defendant is likely to have committed each of the crimes of this case in the state of the state of the state of the principal execution.