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(영문) 대구지방법원 2015.02.06 2014고단6030
모욕
Text

Defendant

A shall be punished by a fine of 70,000 won and by imprisonment of 4 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On October 12, 2014, around 06:50 on October 12, 2014, Defendant A insultd the victim F, a police officer affiliated with the Suwon Police Station E District Unit of the Suwon Police Station, who was dispatched after receiving a report on drinking value-related 112 in relation to the drinking value at the D key points located in the Daegu Sipo-si, Daegu, Daegu, and received a report, and made a public insult of the victim F, who was a police officer affiliated with the Suwon Police Station E District Unit of the D key employees.

2. Defendant B’s obstruction of performance of official duties reported the F’s arrest of flagrant offender A at the above date, time, and place, and expressed the F’s head to the F’s head, and assaulted the F’s face once due to the lush.

As a result, Defendant B interfered with the legitimate execution of duties concerning the handling of 112 reported cases by the Inspector F, who is a police official.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes on CCTVs, logs, investigation reports (Attachment of CCTV data at the scene of the incident), and CCTV photographs;

1. Relevant legal provisions pertaining to criminal facts A: Article 311 of the Criminal Act (Selection of Fine): Article 136 (1) of the Criminal Act (Selection of Imprisonment);

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of suspended execution: The sentencing grounds and sentencing guidelines [Defendant B: the crime of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of duties, type 1, mitigation area, scope of recommendation: Imprisonment with prison labor for January - 8] are considered as follows: (a) the defendants in the reasons for sentencing pursuant to Article 62(1) of the Criminal Act led to confession of the facts of crime and reflects their mistakes; (b) the assault and violence of Defendant B was relatively minor; and (c) the defendants committed the crime, age, character and conduct, intelligence and environment; (d) family relationship, motive, means and consequence of the crime; and (e) the circumstances after the crime were committed.

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