logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.11.29 2017고단4797
모욕등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. Around August 18, 2017, the Defendant: (a) received 112 a report on the Defendant’s failure to pay the fare on the roads front of the Busan 8 Public Security Center located in Busan 227, a Busan Dok-gu Busan Dok-gu Police Station, in front of the Busan Dok-gu 8 Public Security Center; and (b) heard that the Defendant would pay the taxi fare from the Dok-gu Dok-gu Dok-gu, Busan Dok-gu, Busan Dok-gu, where there are a large number of people outside the Dok-gu, namely, “the Defendant paid the taxi in advance; (c) paid the victim in advance; and (d) made the victim’s patent insult by Dok-gu and Dok-gu, “the Dok-gu Dok-gu

2. The Defendant, who interfered with the performance of official duties at the same time, at the same time and place as the preceding paragraph, continuously sees that “I can be punished as a crime of insult if I continue to take a bath against D while I continue to take a bath against D as above,” and assaulted D’s item with a bad hand.

Accordingly, the Defendant interfered with the legitimate execution of duties such as the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. The accusation [the defendant's defense counsel] asserted to the effect that the defendant committed the crime of this case under the custody of the defendant, and that he was in a state of mental and physical weakness at the time. However, in light of the circumstances surrounding the crime of this case, the defendant was in a state of lacking ability to discern things or make decisions at the time of committing the crime.

As such, the defendant and his defense counsel's assertion shall not be accepted as applicable to the law.

1. Article 311 of the Criminal Act (a point of insult) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties);

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes [the scope of recommended punishment], and Article 1 of the Act on the Aggravation of Concurrent Crimes shall interfere with the execution of official duties.

arrow