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(영문) 대구지방법원 안동지원 2020.04.22 2019고단924
모욕등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant’s insult on December 5, 2019: “C,” which is located in Ansan-si B around December 5, 2019.

방 업주인 D, 실장 E, 종업원들이 있는 가운데, 피고인이 술값을 내지 않는다는 112신고를 받고 현장에 출동한 안동경찰서 F지구대 소속 경찰관인 피해자 G에게, “좃만한 새끼들아 꺼져라, 밖에 나가 한판 뜨자, 니가 나를 이기면 용서해준다. 좃같은 새끼야.“라고 큰소리로 말하여 피해자를 모욕하였다.

2. On December 5, 2019, the Defendant violated the performance of official duties on the road in front of the foregoing “C”, and on the ground that G, a police officer belonging to the F District Unit of the Ansan Police Station, was posted by the patrol vehicle for the reason that paragraph (1) was used to arrest the Defendant in the act of committing an act of committing an offense, and the head of G was abused once by the head.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Application of the Acts and subordinate statutes to file a complaint and report internal investigation;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of insult and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [Attachment 1] (the scope of recommending and recommending punishment] (the scope of recommending area and recommending punishment] basic area; imprisonment with labor for two months to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes:

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