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(영문) 서울북부지방법원 2019.06.13 2019고단501
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

Criminal facts

1. Around December 16, 2018, the Defendant insultingd the victim of the “C” restaurant located in Gangnam-gu Seoul Metropolitan Government (Seoul) by having received 112 reports on the payment of food expenses and received inquiries about the situation at the time from the victim D, a police officer affiliated with the Seoul Gangnam Police Station, who was called the Defendant, and among the above restaurant customers, etc., the victim did not have any knife any knife knife k that he knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

2. The Defendant: (a) was arrested as a flagrant offender pursuant to the police officer E who belongs to the same police station as the above D in the course of committing the crime under paragraph (1) of this Article; and (b) carried the 's flabial patrol flag attached to the above patrol vehicle' in his/her hand while traveling along the patrol lane near the above restaurant; and (c) the police officer carried the 'flabial patrol flag attached to the above patrol vehicle' in his/her hand; and (d) carried the flab and carried the flab on the E’s left part.

Accordingly, the defendant damaged the finial flag of the market value, which is an object used by public offices, and interfered with legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Written statement of the F;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Article 311 of the Criminal Act, Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Although the defendant's liability for the crime is not against the law due to the assault of the police officer in the course of insulting the police officer on official duty for sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant committed all crimes.

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