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(영문) 창원지방법원 2016.08.24 2016고단1061
모욕등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2016, the Defendant, at around 23:30 on March 23:30, 2016, expressed that “A” restaurant located in the window B of Changwon-si, and the victim slope E, who belongs to the Changwon Police Station D police box called by the Defendant after receiving a report of 112 that the Defendant was under the influence of alcohol, shall be notified of the Defendant of the violation of the Punishment of Minor Offenses Act due to the disturbance of drinking, and made a public insult of the victim by 2 residents, among those reported by two residents.

On January 30, 2016, the Defendant: (a) 00:20 on January 30, 2016, 2016, at “H” operated by the victim G in Sung-gu, Sungwon-gu, Sungwon-si, Sungwon-si, around 00:0, the Defendant was unable to avoid disturbance for 20 minutes, such as the victim’s breath and fladation of flaps, and the flading of flaps, and the blading of flaps.

Accordingly, the defendant interfered with the victim's singing practice room business by force.

Summary of Evidence

"2016 Highest 1061"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E’s accusation “2016 Senior 1670 Senior 160;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Articles 311 and 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime in question;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the reason for the sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with the affairs, and there is a crime of insult in the judgment that the mitigated area (one month to eight months) [the person specially mitigated] is not set the sentencing guidelines (including efforts to recover damage), and the person who is not subject to punishment (including efforts to do so). Therefore, only the lowest limit of the recommended sentence for the crime of interference with the duties in the judgment of the basic criminal should be considered. [the decision of sentencing] The crime of interference with the performance of official duties is not agreed with

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