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(영문) 제주지방법원 2014.09.12 2014고정596
모욕
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Advanced facts] On August 7, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor due to the obstruction of performance of official duties by the Jeju District Court, and the judgment became final and conclusive on August 15, 2014.

【Criminal Facts】

On April 8, 2014, at around 00:26, the Defendant: (a) heard the horses that the Defendant collected money and received a report to interfere with the entry of customers; (b) the police officer F of the Seogpo Police Station E zone called “I am home,” who was called “I am home,” from the victim F of the police officer of the Seogpo Police Station E zone called Seopo Police Station, called “I am home,” and the above restaurant proprietor and customer’s hear, the Defendant insultingd the victim “I am, sick, ice, eating. I am low.” The Defendant sexually insultingd the victim, “I am, I am, I am, I am, I am.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. Application of C Written Statements and Acts and subordinate statutes in filing of complaints;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 311 of the Criminal Act;

1. Concurrent Handling of Crimes and Exemption of Punishment: Inasmuch as the crime of this case is concurrent with the crime of obstruction of performance of official duties, etc. of the judgment, the mitigation or exemption of punishment should be examined in consideration of the equity between the case and the case of the judgment at the same time. Considering the criminal facts of the crime of obstruction of performance of official duties, etc. (the obstruction of performance of official duties, damage to public goods in the detention room of the police station where the police officers reported and dispatched after receiving the report), its normal relationship, and overall circumstances of the crime of this case, even if the judgment was rendered simultaneously with the above crime of obstruction of official duties, etc., the punishment of this case should not be aggravated (eight months of imprisonment). Thus, the defendant is exempted from punishment.

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