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(영문) 서울중앙지방법원 2015.03.19 2015고단381
모욕등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. Around 00:00 on December 3, 2014, the Defendant rendered an insulting call to the victim E, a police official dispatched after receiving a report of 112 as a matter of singing services within the “Dnomane” located in Gwanak-gu, Seoul Special Metropolitan City, and expressed the victim E, a police official dispatched after receiving a report of 112.

Accordingly, the Defendant insultd the victim E by openly.

2. On December 3, 2014, the Defendant presented a driver’s license for a car to the Dong F in the name of the Seoul Metropolitan Police Agency, an official document in possession of a person who is requested to present his/her identification card after being investigated of insults in the investigation of the Seoul Mak Police Station and the office on duty at the Seoul Mak Police Station on December 3, 2014.

Accordingly, the defendant did not use official documents.

3. At the same time and place as set forth in paragraph (2), it is difficult for the Defendant to clarify the fact that he/she is serving a fine after being investigated as an insulting case, and after being investigated, he/she stated “F” at the end of the protocol of interrogation of a suspect without authority for the purpose of exercising the investigation after being investigated.

Accordingly, the defendant forged F's signature, and submitted the above interrogation protocol to the police station investigation and the president of the G Senior Team who belongs to the economic2 team at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (not more than 21 evidence records);

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Article 311 of the Criminal Act, Article 230 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, and Article 239 (2) of the Criminal Act (a point of exercising a false investigation signature);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is able to repent and reflect his mistake in depth, and each of the instant cases.

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