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(영문) 인천지방법원 부천지원 2014.12.18 2014고단2912
모욕
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 26, 2014, at around 23:25, the Defendant publicly insulting the victim by openly booming the victim, who was a police officer, in front of the C District District B located in Seocheon-gu, Seocheon-gu, Seocheon-si, and received a report, on the ground that the victim D, a police officer dispatched after receiving a report, shouldered the Defendant either in the taxi or ske the Defendant in the taxi, and in the presence of E and other police officers, F and G, etc., from the victim, who was in the presence of the taxi engineer E and other police officers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. The application of Acts and subordinate statutes to investigation reports, accusation reports, investigation reports (Attachment of reference cases), and application of statutes of Cheongju District Court Decision 2013No941;

1. Article 311 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) committed a second offense despite having been punished several times for the same criminal records, and did not receive a letter of suspicion from the victim, the crime’s liability is not somewhat weak.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence, etc., shall be determined as ordered by considering the following factors: the defendant's mistake is against himself; the defendant has no record of criminal punishment exceeding the fine; and the defendant has no record of criminal punishment.

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