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(영문) 대구지방법원 안동지원 2015.06.30 2015고단234
모욕등
Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

1. Around February 7, 2015, the Defendant: (a) arrested the victim as a flagrant offender of the crime of assault from F and one other than F, etc. of the Permanent Police Station E District Guard, called the victim F, who was called out after receiving a report from D while having been punished with D and Si expenses around 406, 102, around 18:30, when permanent residence, the Defendant sexually insultingd the victim F by referring the victim F, who is viewed as the victim of the crime of assault.

2. On February 7, 2015, the Defendant obstructed the police officer’s legitimate performance of official duties in relation to criminal cases when he/she laid down the Defendant’s lock to get a flagrant offender arrest and a written confirmation at the E District Office Office of Permanent Residence Police Station, G, to obtain a seal on a flagrant offender arrest and a written confirmation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, H, and I;

1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment of work place);

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to six years of imprisonment;

2. Sentencing criteria:

A. The basic area of the obstruction of the performance of official duties (the scope of recommendations) (the scope of the obstruction of the performance of official duties and the coercion of official duties) (6 months to 1 year and 4 months) (the person who has been specially punished)

(b) The fact that the sentencing criteria are not set;

C. Since the sentencing guidelines are not set for the offense of insult for not less than 6 months, the scope of punishment modified according to the criteria for handling multiple offenses is limited to the lower limit of the final sentencing range for the crimes whose sentencing guidelines are set.

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