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(영문) 서울중앙지방법원 2014.07.08 2014고단3130
모욕등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 15, 2014, at around 22:34, the Defendant insultd the victim publicly by referring D’s desire to take a notification as a drinking disturbance on the vehicle side of the Seoul Jongno-gu Seoul Jongno Police Station C police box, which was called out after receiving a report on “catch disturbance” 112 on the front of the Seoul Jongno-gu B hotel, to the effect that D would block the Defendant from driving his vehicle on the vehicular road, and to take a notification as to the act of smoking the disturbance while taking a bath, and that D’s desire to take a notification as a drinking disturbance on the part of the defective catf, the owner of the defective cat and the proprietor of the catus.

2. Performance of official duties;

A. On May 15, 2014, the Defendant: (a) 22:50 on May 15, 2014, and (b) brupted the victim’s neck and assaulted him by taking the victim’s neck down to three times, thereby hindering the police officer’s legitimate performance of duties concerning the reporting and withdrawal of the 112 report.

B. On May 16, 2014, at around 01:07, the Defendant took a bath at the criminal office and office of the Seoul Jongno Police Station located in Jongno-gu Seoul Jongno-gu Racing by stating, “Is that we have to go to the floor and wall of the head and attempted to commit self-harm,” thereby hindering the police officer’s legitimate execution of duties in relation to the criminal investigation by asking promptly the arms on the right side of the slope E belonging to the Seoul Police Station and the slope E belonging to it.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Each police statement made to F, G, and H;

1. Each written statement of D and E;

1. Ethical photo of the damaged part;

1. Application of Acts and subordinate statutes to investigation reports (the attachment of photographs by ctv video caps, such as criminal motion pictures, and photographs related to performance);

1. Articles 311 and 136 (1) of the Criminal Act applicable to the crimes;

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

1. The sentencing criteria;

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