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(영문) 인천지방법원 2018.05.03 2018고단804
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. 모욕 피고인은 2018. 1. 21. 05:10 경 인천 남동구 C에 있는 D 편의점 내에서 그 곳 편의점 종업원 등 손님이 있는 가운데 피해자 E에게 “ 미친 년 아, 뭘 쳐다봐 씹할 년 아 ”라고 큰 소리로 욕설을 하여 공연히 피해자를 모욕하였다.

2. On January 21, 2018, the Defendant, who obstructed the performance of official duties, was arrested in a flagrant offender for the same reason as paragraph (1) in the office on duty at the Southern-dong Police Station located in 668, Namdong-dong, Incheon, Nam-gu, Incheon, and sought to identify his/her personal information while waiting in the waiting room of the suspect, was spited against G in the circumstances belonging to the above police stationF Team of the above police station in order to identify his/her personal information, and was spited against him/her in a toilet around 07:53 on the same day.

G spits or spits the right side of G due to its origin, and spits or spits the G on the same day, and continuously obstructed the legitimate performance of duties by police officers on the confirmation of the personal information of police officers and on the management of the person in custody, by changing tobacco to H from the circumstances belonging to the above police station, which was moving to toilets around 08:01 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Written complaints for the preparation of E and written statements of damage;

1. Each investigation report (the statement of a wooden person, the victim I's statement and the victim I's statement);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the scope of the recommended punishment [the scope of the recommended punishment] and the scope of the basic area (six months to one year and six months) (special mitigation (special mitigation)] / Where the degree of violence, intimidation, deceptive scheme, or obstruction of public service is insignificant / where there are many public officials who suffered damage, the scope of the final sentence based on the aggravation of multiple offenses (one type): June.

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