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A defendant shall be punished by imprisonment for four 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
피고인은 2018. 2. 12. 05:46경 정읍시 B에 있는 C에서, 피고인의 일행 및 위 식당 관계자 등 다수의 사람이 지켜보고 있는 가운데, 폭행 사건이 발생하였다는 신고를 받고 현장에 출동한 경찰공무원인 피해자 D, 피해자 E에게 별다른 이유 없이 큰소리로 “야 니미 씨발 새끼야, 야 씨발 새끼야”, “좆지랄 하지마 버러지야, 니미 보지야”, “야 씨발 병신 좆밥아” 등의 욕설을 하여 공연히 피해자들을 모욕하였다.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement of each police statement of F, victim D, and E;
1. Reporting on the arrest of a person suspected of insulting a flagrant offender;
1. A complaint;
1. Application of the Acts and subordinate statutes for reporting internal investigation;
1. Article 311 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on probation and community service order committed an assault due to conflict with a female-friendly body that the defendant was taking meals. After receiving a report that an assault incident occurred, the police officers dispatched to the site after having received a report that the assault incident occurred were insulting, and continued to engage in severe humiliation after being arrested as a result of the crime of this case. In light of the details and form thereof, the damage and circumstances before and after the crime, it is not good that the crime of this case is committed.
In addition, the Defendant committed the instant crime even though there are many records of punishment for violent crimes, and the Defendant was arrested as a flagrant offender in 201 after being arrested as a flagrant offender in 201, and the police box took a bath to the police officer and was punished by a fine of KRW 2 million for an insulting crime. However, it is necessary to prevent recidivism through a strict punishment corresponding to the Defendant’s criminal liability.
However, the crime of this case was dispatched under the interest of the defendant in dispute with one another.