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(영문) 부산지방법원 2018.06.20 2018고단1284
모욕등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From March 20, 2018 to December 22:30, 222:47, the Defendant: (a) received a report on the fact that he gets on and off a taxi operated by D; (b) received a recommendation to use another taxi from the victim E (58 Does) who is the police officer assigned by D and other police officers to the said police box; (c) provided that the Defendant took care of the victim, while taking care of the victim, the police officer who was in charge of the said police box; (d) took care of the victim; (e) took the victim’s unfilled police officer; (e) took care of the police officer; (e) took care of the victim; and (e) took care of the victim; (e) took care of the victim; and (e) took care of the victim.

Accordingly, the defendant openly insultingd the victim.

2. Around March 21, 2018, the Defendant: (a) 00:40 on March 21, 2018, took a bath in the instant C police box; and (b) flasing down the flab from the above E, such as taking a hand over a document shield; and (c) flabed twice on his face. Accordingly, the Defendant abused a public official who performs the duties of handling reports, preventing crimes, and investigating crimes.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made with respect to E and D;

3. Application of the Acts and subordinate statutes governing the complaint;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defluence: Article 311 of the Criminal Act (Selection of Imprisonment);

(b) The point of obstructing the performance of official duties: Article 136 (1) of the Criminal Act (the choice of imprisonment);

2. Aggravation of concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act (aggravating concurrent crimes within the extent that the punishment is aggregated with the upper limit of the offense of insult as prescribed by the offense of interference with the execution of heavier public duties);

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to six years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crime: Determination of type of crime obstructing the performance of official duties; - interfering with the performance of official duties - Type 1 (Interference with the Performance of Official Duties) (2) : The scope of punishment recommended to be subject to no special sentencing: 6 months to 1 year and 6 months (basic area);

(b) Recommendations according to the standards for handling multiple crimes;

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