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A defendant shall be punished by imprisonment for 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
Punishment of the crime
1. Around 04:50 on January 26, 2014, the Defendant assaulted the victim’s breath with breath in front of the D convenience point located in the Geum-gu Busan Metropolitan City, on the ground that the victim E (56 years of age) who is a taxi driver (56 years of age) tried to leave F, who is the Defendant’s wife, as a customer, with the victim’s breath, seated in the driver’s seat, and breathed twice by hand, on the part of the victim.
2. 모욕 피고인은 제1항 기재 일시, 장소에서, 위와 같이 위 E을 때리고 욕설을 하는 등 소란을 일으켜 112신고를 받고 출동한 부산금정경찰서 G지구대 소속 피해자 H 경사로부터 욕설하지 말 것을 요구받자, 그곳을 지나가던 약 7~8명의 행인들이 지켜보는 가운데 "씨발, 니뭐꼬, 비키라, 씨발새끼야”, “내가 전과 몇 범인 줄 아나, 너거들은 겁 안난다“, ”개새끼야“라고 큰소리로 말하여 피해자를 모욕하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to E and H
1. Article 260 (1) and Article 311 of the Criminal Act applicable to the facts constituting an offense;
1. Selection of each imprisonment with prison labor in consideration of the nature of the crime, such as the fact that there are many punishment records due to selective violence of punishment, and the fact that police officers performing public duties without being familiar with each other during the period of suspension of execution have committed severe
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 on the stay of execution (any circumstance that may be taken into account in part of the motive for the crime);