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(영문) 서울중앙지방법원 2014.03.27 2014고단1127
모욕
Text

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

Reasons

Punishment of the crime

On November 14, 2011, the Defendant was sentenced to two years of suspension of execution in the Seoul Central District Court for a violation of the Railroad Safety Act, etc. on August 27, 2012.

At around 02:00 on January 23, 2014, the Defendant reported 112 on the street prior to the exit of Seocho-gu Seoul, Seocho-gu, Seocho-gu, 1672-4 5-dong, Seocho-gu, the Defendant: “A victim C, a police officer affiliated with the Seocho-gu Seoul Seocho Police Station B police box, who is a police officer assigned to the Seocho-gu Seoul Police Station B police box, asked the circumstances of the instant case; D, a taxi engineer, and passed by a majority; “A fee is not paid, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith at the same day.” On the same day, the Defendant continued to go frith at the above police box, and frith, frith, frith of the police.

Accordingly, the Defendant insultd the victim openly.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. C’s statement;

1. C Complaints;

1. A reply to criminal records;

1. A criminal investigation report (Attachment of judgement on same kind of power as a suspect);

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements from victims);

1. Article 311 of the Criminal Act applicable to the crimes. Article 311 (Selection of Imprisonment or Imprisonment);

1. There is a record of being subject to punishment as a crime of obstruction of performance of official duties by a police officer with reason of sentencing Article 57 of the Criminal Act including the number of days of pre-trial detention, and it is inevitable to impose severe punishment in that the crime of this case was committed even during the period of suspension of execution by judgment

However, the defendant is currently responsible for the livelihood of his or her deceased 3 married couple.

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