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(영문) 수원지방법원 안양지원 2018.04.24 2017고단2296
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

"2017 Highest 2296"

1. On November 19, 2017, the Defendant insultingd the victim F, who was a police officer of the said patrol group, and was arrested and detained in flagrante due to the suspicion of assaulting D on November 19, 2017, and later was arrested and taken into custody of D, D, slope E, etc., and sexually insulting the victim F, who was a police officer of the said patrol group, was sexually insulting.

2. The Defendant obstructed the performance of official duties, at the time, at the place specified in paragraph 1, and at the same time and place specified in paragraph 1, took photographs using a cell phone by a slope E belonging to the military police station C district unit in the militarypool Police Station in order to fluorize the fluor by taking a bath and avoiding the fluor. However, the Defendant assaulted the fluor E’s clothes of the slope E at one time by walking the fluor.

As a result, the defendant interfered with legitimate execution of official duties in criminal investigations by police officers.

On November 19, 2017, the Defendant 2017, 2324, while under the influence of alcohol level of 0.178% among blood transfusion around 20:20 on November 19, 2017, the Defendant driven a G UD car at approximately KRW 150 meters from the front of the military air station in the 463th military prisoner of war of the same Si/Gun to the front road of the distance of the Si/Gun post office located in the same Si/Gun.

Summary of Evidence

"2017 Highest 2296"

1. Statement by the defendant in court;

1. Each police statement protocol with F and E "2017 Highest 2324";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article 311 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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 Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence on the sentencing guidelines: Six months to one year and six months [the scope of the recommended sentence] shall interfere with the performance of official duties, and the basic area (from six months to one year and six months) (the scope of the recommended sentence shall interfere with the performance of official duties).

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