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(영문) 부산지방법원 동부지원 2017.10.12 2017고단1703
모욕등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2017, around 05:35, the Defendant was arrested as the current offender of the offense of insult by the victim B (V, 67 years old), who was an engineer of the taxi on board the Defendant, on the front of the Busan Southern-gu, 146-gil 33 and Yongho-ho 3 Center.

The Defendant spits it into the lower seat of the patrol vehicle on the ground that the Defendant was flashed with the said D and moved the said D to the C district while moving to the said C district, and flashed into the tear and face of the police blag. The Defendant obstructed the foregoing D’s body, thereby committing assaulting the Defendant’s body, blading the face into hand, flashing it with his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports by the above police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (as to the use of damaged photographs and outfits), accompanying photographs, investigation reports (as to the attachment of suspect's criminal scene photographs and motion pictures), accompanying photographs, and video CD-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason for sentencing under Article 62-2 of the Criminal Act, is committed by an order to attend a lecture or an order to attend a community service order, being arrested by the police assigned to the police after being reported 112, and taking and moving patrol cars to the district and using violence against the police. The crime is deemed bad, and the defendant was committed the crime of this case without being informed of the fact that he/she was sentenced to a suspended sentence for six months on July 28, 2015 due to a violation of the Punishment of Violence, etc. Act in the Seoul Central District Court on June 18, 2015 (a violation of the Punishment of Violences Act, such as a group, deadly weapon, etc.).

However, the fact that the defendant recognizes the facts charged is seriously against the defendant, and the defendant is identical to the defendant.

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