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(영문) 서울북부지방법원 2019.03.27 2018고단5484
모욕등
Text

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

except that 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 06:25 on December 18, 2018, the Defendant rendered a bath, such as “the victim E, who is a police officer affiliated with the Seoul Dongdaemun Police Station D police box, and the victim F, who was called up after receiving a report on 112 that “The two fingers are going to guide the drinking value” at the main point of “C” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant took a bath to the victims, such as “the victim E, a police officer affiliated with the Seoul Dongdaemun Police Station D police box, and the victim F, who was divingd, and the victim F, at the same location where H, the main place of the above main place of business, is located.”

Accordingly, the defendant insultd the victims openly.

2. The Defendant committed an assault, at the time and place specified in Paragraph 1, on the ground that the police officer, as described in Paragraph 1, 2, 3, 3, 4, 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. Each complaint filed by the F and E;

1. Application of the Acts and subordinate statutes to report an investigation (a video verification conducted by a police officer, and hearing of witnesses);

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Article 311 of the Criminal Act (the point of insult), and the choice of imprisonment with prison labor for the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for insult of a victim E in the holding that the offense of insult is heavier between the crimes of insult);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crimes of obstruction of performance of official duties, which are stipulated in the heavier judgment), among concurrent crimes;

1. Suspension of execution;

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