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(영문) 서울남부지방법원 2015.08.06 2015고단2610
모욕등
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 July 1, 2015, at around 01:55, the Defendant insultd the victim by openly fluoring the victim of the victim, who walked on the road, on the ground that he cannot be identified by the victim D, who walked around the road, on the ground that the victim’s fluor cannot be identified.

2. On July 1, 2015, the Defendant engaged in obstruction of performance of official duties, at the F District Office of the Guro Police Station located in Guro-gu Seoul Metropolitan Government on July 1, 2015, committed assault, such as assaulting the G face at one time with left hand, and interfered with legitimate performance of duties concerning the control of crimes by police officers and the protection of victims, etc., while arresting and admitting a flagrant offender as a suspect of the aforementioned insultd case, and continuing to take a bath against the above D while waiting for the aforementioned insultd case.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. The Defendant asserted that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. According to the evidence duly adopted and examined by this court, although the Defendant was in a state of drinking at the time of the instant case, he did not have the ability to discern things or make decisions.

Therefore, the defendant's above assertion is not acceptable.

Application of Statutes

1. Contempt of Article 311 of the Criminal Act as to the crime;

In this regard, Article 136(1) of the Criminal Act (amended by imprisonment)

U.S. Imprisonment

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 of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The obstruction of performance of official duties [Type 1] shall be the basic area of the obstruction of performance of official duties from June to April.

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