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(영문) 수원지방법원 2018.03.23 2017고단7701
모욕등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence 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. 10. 1. 00:10 경부터 같은 날 00:43 경 사이에 수원시 장안구 C 1 층 'D 식당 '에서 112 신고를 받고 현장에 출동한 E 지구대 경사 피해자 F가 피고인에게 음식 값을 계산하고 귀가하도록 종용했다는 이유로, 업주인 G, H 등이 보고 있는 가운데 피해자에게 " 에이씨, 썩을 놈, 야 임 마 썩을 놈, 짱구냐,

C fe, fe, return to the cost;

brupted and brupted,

In the absence of flag, gue gue gue gue gue gue gue gue gue gue gue gue “ openly insulting the victim.”

2. The Defendant shall not interfere with the performance of official duties, and the Defendant shall continue to take a bath at the same time and place as 1. Paragraph (1) and at the same time and place, I shall not take a bath.

In the process of warning defects, Gap's own "the police mother used by I with the sound of I", the slope F was removed from it, he took a bath, taken the head of F with his hand, and arrested and leaving a flagrant offender due to interference with the performance of official duties, etc., "the victim's J (35 years old)'s right arms are broken down for about seven days" to require treatment for about seven days for the victim.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of order and at the same time injured the victimJ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to F, I, J and G;

1. Complaint;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing crimes;

1. Article 311 of the Criminal Act in relation to the facts constituting an offense (a point of insult), Article 136 (1) (a point of obstructing the performance of official duties) and Article 257 (1) (a point of injury) of the same Act;

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. The defendant's mistake in sentencing of Article 62 (1) of the Criminal Act is applicable to the suspended sentence.

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