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(영문) 대전지방법원 2017.09.07 2016고단4398
모욕등
Text

A defendant shall be punished by imprisonment for not more than ten 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.

Reasons

Punishment of the crime

1. The Defendant, on November 12, 2016, insultd the victim F, a police officer belonging to the Daejeon East Police Station E District, who was dispatched to the site after receiving a report of a violent incident from among the 112 reporters and the two persons around the D restaurant located in Daejeon Dong-gu, Daejeon, Daejeon Police Station Eargu, Daejeon, who was dispatched to the site after receiving a report of the violent incident. “I am, sark sark sark, sark, and one place of the report is at any time.

The term "publicly insulting the victim by publicly bruting him/her in a large sense."

2. The Defendant obstructed the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the handling of civil petition reports by assaulting the police officer F on two occasions, such as making a request from F to produce an identification card at the time and place specified in paragraph 1, and making it possible to do so.

Summary of Evidence

1. Statement by the defendant on the fourth public trial date;

1. Each legal statement of witness F and G;

1. Statement made by the police with regard to F;

1. G statements;

1. Complaint;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 311 of the Criminal Act concerning the facts constituting an offense, and Article 311 of the Criminal Act concerning the selection of a penalty (a point of insult, a choice of imprisonment), and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties and a 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. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act), such as the fact that the defendant is committing the crime of this case, the fact that the defendant has no criminal record of the same kind of crime, the fact that the defendant committed the crime of this case by force, the fact that the defendant has no criminal record of any crime since October 15, 1997, and that the defendant deposited a certain amount of money (one million won) for the police officer who has suffered damage, under normal circumstances favorable to the defendant, that the defendant’s insult and assaulting the police who performs legitimate official duties by using his uniform would hinder the legitimate exercise of public authority which should be strictly executed, and that the form of the crime

Therefore, the criminal liability is heavy.

It can be seen, and the defendant is the victim police officer.

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