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(영문) 부산지방법원 2016.11.09 2016고단4546
모욕등
Text

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

except that 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. Around July 16, 2016, at least 04:15, the Defendant’s insultd the victims by openly exposing the 112 statement that “A victim E, a police officer belonging to the Busan Coast Guard D Zone D District, a police officer belonging to the Busan Coast Guard D Zone D, a defect that the Defendant returned to the Defendant, and the Defendant’s defect that the Defendant would return to the Republic of Korea,” and that “A bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit, bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit

2. The Defendant interfered with the performance of official duties by: (a) the foregoing E and F, at the same time and place as the above Paragraph (1) above, did not respond to the Defendant’s desire, and instead did so; (b) the said E and F, as drinking, pushed the chest of the above F, and threatening the Defendant to scam and scam with scambling, thereby interfering with the police officer’s legitimate performance of duties concerning the performance of duties of 112 reported by the said E and F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (in the case of a person who commits a crime against his/her will and has no record of the same kind of crime) of the Act on the Suspension of Execution [Scope of Recommendation] No basic area (6-1 year and four months) (6-1 year and four months) of the Act on the Suspension of Execution of Official Duties (the decision of sentence] [the decision of sentence] imprisonment with prison labor for eight months

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