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(영문) 서울남부지방법원 2019.08.13 2019고단1609
모욕등
Text

A defendant shall be punished by imprisonment for four 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. At around 16:40 on March 2, 2019, the Defendant committed assault to the right side part of the Seoul Gangseo-gu Seoul Metropolitan Government Police Station D District Police Station, where a police officer, who was called out after having received a 112 reported telephone that caused a traffic accident, tried to verify whether he/she drinking alcohol by drinking so that he/she could drink, and assault the police officer, who was called out on the right side part of the Seoul Gangseo-gu Police Station D District Police Station, to check whether he/she drinking by drinking alcohol.

Accordingly, the suspect interfered with the legitimate execution of duties of the police officer concerning the handling of 112 reported cases.

2. The Defendant, at the time and place indicated in the above 1. Paragraph 1. at the victim’s time and place, and at the place where several persons are heard, openly insulting the victim E by putting the victim’s desire to read “at the victim’s dog, the police, and the police,” “I shall do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In full view of the various circumstances, including the fact that the reason for sentencing under Article 62(1) of the Criminal Act appears to be recognized and reflected in the suspended sentence, the fact that there is no record of criminal punishment, and the defendant's age, character and conduct, environment, relationship to the victim, motive and means of the crime, the motive and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

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