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(영문) 서울남부지방법원 2013.06.14 2013고정959
모욕
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 18, 2012, the Defendant was sentenced to imprisonment with prison labor and two months in Seoul Southern District Court on September 18, 2012, and the judgment became final and conclusive on May 9, 2013.

On July 22, 2012, at the defendant's house located in Gangseo-gu Seoul Metropolitan Government BGra 302 on July 11, 2012, the defendant demanded the victim C (Nam and 43 years of age) to promptly hump on the ground that he/she would escape any disturbance, such as opening a Vietnam window from around 06:00 of the same day to take a bath, etc., and that he/she would be able to do so to the residents, and among residents such as D, he/she made the victim’s openly insultd the victim by openly humping the victim “the humbroto hand k hand kumk kumbro.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Criminal records, etc. inquiry reports and the application of court rulings or statutes;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. The latter part of Article 39(1) of the Exempted Criminal Act (the crime of this case was committed on the same day and at the same place as the previous crime of this case, and even if the crime of this case and the previous crime of this case were adjudicated simultaneously, it is not deemed that the change in the sentence was made)

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