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(영문) 서울북부지방법원 2020.03.12 2019고단4893
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. Around 21:50 on October 1, 2019, the Defendant assaulted the victim on his/her hand floor at one time on the ground that the victim D (the age of 39) who drinks alcoholic beverage on the side table was making a speech even before he/she took a part of his/her left son, on the ground that the victim D (the age of 39) who drinks alcoholic beverage from the restaurant outdoor table of “C” in Dongdaemun-gu Seoul Metropolitan Government.

2. 모욕 피고인은 2019. 10. 1. 22:50경 서울 동대문구 청량리동에 있는 서울동대문경찰서 통합당직실에서 조사를 받기 위해 대기하던 중 수갑을 풀어주지 않는다는 이유로 화가 나, 조사를 기다리던 E 등이 지켜보는 가운데 그곳에서 근무하던 피해자인 경찰관 F에게 “시발 좆 같은 새끼들. 개새꺄. 시발놈아. 양아치 새꺄. 나이 든 새끼 내가 어떻게 하는지 보자”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A president of the F;

1. Investigation report (verification of the victim's intent to punish him/her and the public performance of insult), - CCTV screen in the integrated watch room of the Seoul Dongdaemun Police Station at the time of insult A;

1. Investigation report (as to the suspect's speech and behavior within the Integrated Criminal Office);

1. Investigation report (Statement made through telephone conversations of a shote);

1. Application of the investigation report (a documentary evidence of a suspect's words and conducts within the integrated office), documentary evidence CD-related Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 260(1) 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service unilaterally assaulted the next tables guest without any particular reason at the drinking house, and the police officer was under the atmosphere in order to undergo an investigation after being compelled to the police station.

The details and contents of crimes, the defendant's previous criminal records, etc.

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