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(영문) 부산지방법원 동부지원 2017.11.30 2017고단2132
모욕등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around September 27, 2017, the Defendant insultd the victim publicly by publicly insulting the victim on the street, 'C main points located in the Busan District captain-gun B’ on September 27, 2017, with the report of 112 that the c main points of the “C main points located in the Busan District captain-gun B,” and having received the report from the victim E, who was a policeman belonging to the D District Unit, to return home from the victim E, who was a police officer of the D District, called the victim, and other diverse persons, such as F, etc., who was the owner of the said D District.

2. The Defendant interfered with the performance of official duties, at the above time, at the above place, and on the ground that the Defendant continuously took the police officers belonging to the D District while taking a 112 report, he would die with all of his family members on the ground that he would restrain the police officers belonging to the said D District from taking them into a mobile phone.

“Intimidating the said E’s fingers, as soon as possible, assaulting the said E’s face by hand, and walking the said E’s double and backlights, etc. several times, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of the reported case by assaulting the E’s 112.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E, G, and F;

1. Application of investigation reports (limited to attachment of field CCTV images), investigation reports (limited to recording files recorded by the F of a shot person F), and application of Acts and subordinate statutes for drilling (E diagnosis certificates, etc.);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 136(1) of the Criminal Act (the point of insulting), and the choice of imprisonment with prison labor;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, for which concurrent crimes are aggravated, not only insults the police who were under the influence of alcohol in the street but also used violence to the police. The crime is bad in nature, and the defendant has been punished several times due to violent crimes, including punishment, in particular, at the Busan District Court's Dong Branch on February 1, 2016.

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