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(영문) 인천지방법원 2018.05.24 2018고단3098
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

Punishment of the crime

1. The Defendant, upon receipt of a report on 112, along with the e-mail 112-ro 112-ro, Nam-gu, Incheon, Nam-gu, Seoul, on April 13, 2018, listening to the horses that “the taxi will pay the taxi expenses and return home,” from the victim C police officer of the Incheon Southern Police Station B District of the Seoul Southern Police Station, called “the taxi will pay the taxi expenses and return home,” while hearing the above taxi engineer D, etc., the victim was not the victim “the fluor of the fluor of the fluor of the fluor.”

“.....” and “.........”

The victim publicly insultingd the victim by “......”

2. The Defendant interfered with the performance of official duties, at the above time and place, received 112 reports and received two times the head of C’s chest from a police officer affiliated with the Incheon Southern Police Station B District, which was called up.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A 112 certificate of fact of report;

1. Application of the Acts and subordinate statutes to photograph the images;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] No person who has no basic area (from June to one year and six months) (the person subject to special sentencing) [the standards for handling multiple crimes] imprisonment for not less than six months (the standards for sentencing is concurrent crimes for which no guidelines have been set] [the decision of sentence] imprisonment for six months, or for one year of suspended sentence: A person who interferes with the performance of public duties needs to be punished by imprisonment for the purpose of the public authority and the establishment of legal order.

The defendant shall be punished by a fine of the same kind once, including one previous offense.

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