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(영문) 광주지방법원 2020.05.28 2020고단1125
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 March 8, 2020, at the main point of “D” operated by Seo-gu, Seo-gu, Gwangju, and 2, the Defendant demanded that the victim, who was dispatched after receiving C’s 112 report, leave the Defendant from the above main point of view. However, the Defendant neglected this demand, and among several several persons such as the above C, abused the victim, thereby openly insulting the victim by taking a bath, such as “sick, fat, fat, gat, and ring.”

2. The Defendant damaged public goods at the same time as the above paragraph 1 above, which was parked on the road front of the above "D" point, damaged the repair cost to be equivalent to KRW 416,821, by putting the back door of the patrol car of the G Western Police Station E-district patrol of the Ganbu Police Station, which was parked on the road front of the above "D" point.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (damage to public vehicles, photographs, etc.) and a criminal investigation report (attached a written estimate for repair of patrol vehicles);

1. Relevant Article 141(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 141 of the Criminal Act, the choice of imprisonment for a crime

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 and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment for one month to eight years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Damage to Public Goods) [Determination of Penalty] Crimes of Obstruction of Performance of Official Duties (No. 1] Crimes of Destruction and Destruction [No. 1] Crimes of Invalidity of Public Goods (No. 1] Nullity of Public Goods (the scope of recommendations and recommendations] Basic Field (the scope of recommendations and recommendations), 6 months to 1 year and six months;

B. No. 2 (Determination of Punishment) of the Second Crimes of Defamation [No. 1] of insult (No. 1] of the general insult (no. 1) and the recommended field.

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