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(영문) 춘천지방법원 2018.05.29 2017고단880
모욕등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, at around 03:00 on March 6, 2017, received a report from the victim E, a police officer called out after receiving a notification that he/she frighted to his/her happiness, and received an explanation about the circumstances of the instant case from the victim E, a police officer called out after receiving a report from the victim E, who is the police officer, and the F, who is an employee of the main shop, etc., and heard “this Chewing feasia, why she is,”

The victim openly insultingd the victim by referring to “I am even gulle gulle” and “I am gulle ma”.

2. The Defendant interfered with the performance of official duties by committing assault, such as taking back the back part of the head of E, who was demanded by the above E, etc. at the time and place specified in paragraph (1), and taking off the outside part of E in hand, thereby interfering with the police officer’s legitimate performance of duties concerning the handling of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and F;

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) and 136 of the Criminal Act, the choice of punishment for the crime, and the choice 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The basic area (fe.g., interference with the performance of official duties and coercion of duties) (fe., June to one year) (f., one year and six months) of the Act on the Suspension of Execution (f.g., the decision of sentence] the possibility of the Defendant’s assaulting a police officer who wear a uniform, and the transfer of a police officer’

In 2010, the defendant has been punished for the same kind of crime and has two times of violence.

However, there is no criminal conviction exceeding a fine, and the defendant confessions himself/herself and reflects his/her fault in depth during the period of detention.

In full view of the fact that the defendant needs to support and nurture the defendant's wife who is leading to marriage, and the sentencing conditions such as the defendant's age, sex, means and result of the crime, the circumstances after the crime, etc., are determined as ordered.

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