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(영문) 울산지방법원 2017.10.24 2017고단2774
모욕등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On May 20, 2017, the Defendant insultd the victim D (35 years old) and victim E (27 years old) who are police officers assigned to the police box of the Yangsan Police Station C at the site after receiving a report from the 112 taxi engineer to the effect that he/she would have become a customer and sent to the site because he/she became a vision due to the payment of taxi expenses at the front of Yangsan City on May 20, 2017, and when soliciting the victim to return home to the Defendant, the Defendant sent to the victim at the 10 seat of residents, such as F, “a bit bit bit bit bit bit bit bit bit bit bit bit bit bit son, son, and d

c) Does the stories I am going to do;

At the same time, the victims were openly insulting due to the large sound called "the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch," and "the bitch bitch bitch".

2. The Defendant interfered with the performance of official duties at the time, place, and the foregoing police officers reported 112 on the Defendant due to the payment of taxi expenses.

On the ground that he gets home a taxi engineer, he gets off the patrol vehicle that he tried to proceed as a first-lane, and then obstructed the police officer’s legitimate execution of duties concerning the duty of reporting and handling the report by the police officer, by assaulting the police officer’s 112 police officer’s 112 police officer’s body to stop the defendant. The police officer F of the same police box, who continued to be seated at the patrol seat of the same police officer, tried to assist the above E from the patrol vehicle and stop the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and E;

1. Each complaint;

1. Application of Acts and subordinate statutes to a report on internal investigation;

1. In the case of insult of each of the relevant Articles of the Criminal Act concerning the facts constituting an offense: Article 311 of the Criminal Act; Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (which are between the crimes of insult and the crimes of interference with the execution of official duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment is to interfere with the execution of heavier official duties).

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