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(영문) 수원지방법원 2019.08.29 2019고단3761
모욕등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. From June 20 to 20:50 on June 20, 2019 to around 20:45, the Defendant insulting the victims by openly insulting the victims by 50 minutes, such as the Defendant’s d, E, who was a police official dispatched upon receipt of the 112 report that he was frighting, and who was in the front of the Defendant, the police officer called the 112 report that he was frighting, the Defendant d, E, who was in the front of the Defendant, and who was in the front of the Defendant.

2. 공무집행방해 피고인은 제1항 기재 일시 장소에서 모욕죄의 현행범인으로 체포되어 2019. 6. 20. 20:50경 수원시 권선구 F에 있는 G파출소 임시청사 앞 노상으로 연행된 뒤, 피고인을 현행범인 체포한 수원남부경찰서 G파출소 소속 경사 D로부터 순찰차에서 내릴 것을 요구받자 “내가 무슨 잘못을 했다고 개 씨발새끼야”라고 소리를 치며 피고인의 발로 위 D의 팔목을 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written statement of D and E;

1. Each complaint;

1. Damage photographs;

1. Application of Acts and subordinate statutes to one CD (on-site DNA campaigns) and subordinate statutes;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. In a case where several persons are insulting by expressing an abstract judgment or a sacrific sentiment that could undermine social evaluation under Articles 40 and 50 of the Commercial Code, several offenses of insult are established according to the number of victims. In a case where such an sacrific sentiment was made at the same place of expression at the same time, and where it is deemed that such sacrific sentiment was made at the same time, several offenses of insult are mutually common sense.

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