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(영문) 수원지방법원 안산지원 2017.08.16 2017고단945
모욕등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 18:00 on April 3, 2017, the Defendant: (a) entered the victim D (hereinafter “E”) located in C/2 floor to allow the said victim to use the toilets; and (b) the said victim made the victim “E” to use the toilets; (c) the name of the said store was not recorded in the face of the said victim while the two customers, etc. are heard; and (d) the said victim “Is the victim, Is the end of the year, the year, the beginning of the same year, and the one continuing to engage in the business; and (e) the Defendant heards the victim, “Is the victim, Is the 39 years of age, Is the age of age, Is the 39, Is the victim F (Is, Is the age of 39, Is the age of 1, Is the age of 39.”

2. The Defendant, at the time, and at the place specified in paragraph 1, expressed the victims’ desire for 20 minutes of the work, and obstructed the operation of the victims’ store by force by avoiding the disturbance and preventing the progress of the class of “Eitrate”.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of the D and F

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), and each choice of imprisonment with prison labor;

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. The crime of insult of the scope of recommended punishment according to sentencing guidelines based on the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order refers to the lower limit of the recommended sentence for the crime of obstructing the performance of duties.

The decision of the court below that no person exists in the basic area (from June to January), (from June to June) (the special sentencing person) of the basic area (the defendant's age, sex behavior, motive for crime, etc.) shall be taken into account in the normal relation, and the sentencing conditions of all kinds as shown in the records shall be determined as ordered.

· the unfavorable circumstances.

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