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(영문) 수원지방법원 안산지원 2014.01.09 2013고단2953
모욕등
Text

A defendant shall be punished by imprisonment for one year.

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 September 24, 2013, the Defendant: (a) 04:25, 04: (b) under the influence of alcohol in the stude of the building B of the building B of Ansan-si, Ansan-si, the Defendant was able to take a bath, such as d and E walking before she was fright, reporting her, lighting, sounding, etc.; and (c) she was able to take a bath, such as her flading, “the dead” and sound.

D 등이 이에 위협을 느끼고 112신고를 하여 안산상록경찰서 F지구대 소속 순경 G이 순찰차를 타고 현장에 도착하여 도망가던 피고인을 뒤쫓아 가 “선생님 신고를 접수받고 왔습니다. 음주운전 한 사실이 있습니까 왜 욕설을 하셨나요 ”라고 물어보자 갑자기 격분하여 “짭새 새끼야, 씨발, 운전 안했는데 뭘, 씨발” 등 약 10여분에 걸쳐 D 등이 듣고 있는 가운데 욕설을 함으로써 피해자 G을 공연히 모욕하였다.

2. On September 24, 2013, at around 04:42, the Defendant violated the Road Traffic Act (recognition refusal) and was arrested as a flagrant offender in the crime of insult and arrived at the F District of the Ansan-gu Police Station of the Ansan-gu, Ansan-si, Ansan-si, and was under the influence of alcohol in light of the witness D's statement, etc., the Defendant did not comply with the measurement without any justifiable reason even though he was requested to take a alcohol test three times from the police officer I.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Each written statement of D and E;

1. Each investigation report, report on detection of a drinking driver, report on the circumstances of a drinking driver, report on refusal of measurement of drinking, and C vehicle photograph;

1. Application of statutes concerning criminal records;

1. Relevant Article 311 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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 shall apply to the defendant;

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