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

Criminal facts

1. 모욕 피고인은 2018. 3. 31. 21:50 경 울산 남구 B에 있는, C 매장 옆 노상에서 피고 인의 차량을 운전하는 대리기사에게 욕설을 하여 112 신고를 받고 출동한 경찰 관인 피해자 D(40 세), 피해자 E(31 세) 이 귀가를 권유하자, 피고 인의 일행 F, 대리기사 G 등이 듣고 있는 가운데 피해자들에게 “ 야, 씨 발 개새끼야, 좆같은 짜 바리새끼 나이 몇 살 처먹었어 좆같은 소리 하지 마라. 그런 법칙이 어디 있어. 못가 잡아 여, 니 임 마 옷 벗으면 그렇게 하나 공무집행 방해로 가고 싶어, 똘 개이 새끼, 좆같은 소리 하지 말고 야 이 씨 발 개새끼야 ”라고 큰 소리로 욕설하였다.

Accordingly, the defendant insultd the victims openly.

2. On the same day as paragraph 1, at around 21:55 on the same day, the Defendant assaulted the Defendant, on his hand, both arms of slope D, 3-4 tightly, and the Defendant’s body with D’s body, on the grounds that the Defendant is soliciting him to return home at a place similar to paragraph 1, 21:55.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. G statements;

1. Application of each statute on filing of a complaint;

1. In the case of insult of the relevant criminal facts: Article 311 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (joint crimes of insult);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the penalty is added by the length of the above two crimes to the punishment determined for the obstruction of the execution of heavier public duties);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection and community service and order to attend lectures;

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

2. The sentencing criteria for a crime of obstructing the execution of official duties; and