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(영문) 제주지방법원 2015.05.13 2015고단285
모욕등
Text

A defendant shall be punished by imprisonment for six 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 22:55 on February 14, 2014, the Defendant insultingd the victims of the “F” entertainment tavern for the operation of the E in Jeju Island, which was reported among the foregoing E and alcohol prices, by having received a heavy report from the victim, and was demanded by H and policeman I to pay the drinking value and return home from the police officers and policemen belonging to the Jeju Dong Police Station G District, Jeju Police Station G District, the victim, who was called the victim, at the same time, and the victims of the foregoing E and three employees, respectively.

2. The Defendant engaged in obstruction of performance of official duties at the time, time, and place mentioned in Paragraph (1) above, and used the victim’s shoulder part and breath to catch the victim’s shoulder part and breath, and assaulted the victim by drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of police uniform I.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes of H and I of each complaint and each written statement;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Act are as follows: (a) the scope of the sentencing guidelines for sentencing [the execution of official duties, the obstruction of performance of official duties, the first category (the coercion of official duties), the basic area, and the imprisonment of June to April] and the following circumstances; (b) the sentence shall be imposed as per the order. The favorable circumstances recognize and reflect the facts of crime; (c) the defendant committed a violation of the Punishment of Violences, etc. Act on October 28, 1998; and (d) there is no history of criminal punishment heavier than the fine sentenced to a suspended sentence of three years; and (d) the defendant has no history of being

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