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(영문) 서울중앙지방법원 2014.04.10 2013고단8502
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 07:25 on December 6, 2013, the Defendant insultingd the victim of the victim D, a police officer belonging to the Seoul Gwanak-gu Police Station, who called the Seoul Gwanak-gu Police Station, after receiving a report of 112 that he fright and drinked the alcohol, recommended the victim to return home to the Defendant, and his name cannot be identified. In the event of a criminal suspect, the Defendant expressed the victim the victim’s desire with the large sound called “spacker, flap, flap, flap, flap, blap, hump, hump, hump, hump, hump, hump, hump, hump, and flap.”

2. At the same time, at the same place as the preceding paragraph, the Defendant: (a) committed assault, at the same time, and at the same place as the preceding paragraph, the police officer, who was a police officer belonging to the Seoul Maak Police Station, arrested the Defendant D in flagrante committing a crime of insult, and arrested the Defendant at the back seat of the patrol vehicle, with the face of the police officer E with the face of the police officer boomed, with the face of the patroler, and interfered with the legitimate execution of duties by the police officer related to the criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of D or E;

1. Egram;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles 136 (1) and 311 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment ( many previous offenders who have been subject to suspended execution related to the same kind of crime and violence);

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

1. Article 62 (1) of the Criminal Act (including the fact that the health of the accused is not good, the degree of damage is not severe, etc.);

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