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(영문) 인천지방법원 2018.10.18 2018고단5864
모욕등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. 모욕 피고인은 2018. 7. 23. 01:30 경 인천 미추홀구 C 앞에서 ‘ 택시 손님이 요금을 내지 않는다’ 는 내용의 112 신고를 받고 현장에 출동한 인천 미추홀경찰서 D 지구대 소속 경찰 관인 피해자 E 및 피해자 F이 피고인에게 택시요금을 지불한 뒤 귀가할 것을 종용하자, 위 112 신고자 G 등이 지켜보는 앞에서 피해자들에게 “ 씹새 들, 짭새 새끼들, 개새끼들, 니들이 뭔 데 지랄이야, 씨 발 새끼야, 니들 가만두지 않을 거야 ”라고 큰소리로 말하여 공연히 피해자들을 각 모욕하였다.

2. On July 23, 2018, around 01:40 on July 23, 2018, the Defendant, who interfered with the performance of official duties, and the Defendant injured, removed the F’s car by asking the Defendant’s car promptly, where the police officer, attempted to arrest the Defendant in flagrant transit due to the suspicion of insult, etc.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the 112 reporting and the maintenance of order, and at the same time damaged police officers F, about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement prepared by H;

1. Each complaint filed for the E and F preparation;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 311 of the Criminal Act ( point of insult), Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

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

(a) In the case of interference with the performance of official duties in the aggravated area (six months to two years and six months) of the basic crime (in the case of a special aggravation) (the scope of a recommended punishment) general injury, one category (general injury) (in the case of a general injury);

(b) are in a mutually competitive relationship with basic crimes;

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