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(영문) 제주지방법원 2014.08.29 2014고정497
모욕등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Judgment of the court below] On October 11, 2013, the defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. by the Jeju District Court on October 19, 2013, and the judgment became final and conclusive on October 19, 2013.

【Criminal Facts】

1. Around 09:30 on May 11, 2013, the Defendant made a public insult of the victim by speaking to the victim E, who was requested to present an identification card from police officers belonging to the Seoul Yongsan Police Station D District D District D District D branch of Yongsan Police Station, among several persons, including B employees C, etc. of Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government. The Defendant made a public insult of the victim by speaking to “n't they grow up on their own, grow up, grow back, me, this son.”

2. Around 10:00 on the same day, the Defendant violated the Punishment of Minor Offenses Act, at the D District Office of the Seoul Yongsan Police Station located in Yongsan-gu Seoul, and at the D District Office of the Yongsan-gu Seoul Yongsan Police Station, the Defendant, under the influence of alcohol, expressed his desire to “the gue gue, flag, and to kill scars,” and intending to get off 10 minutes of her own visibility, and led to a very rough and disorderly act while under the influence of alcohol at the government office.

Summary of Evidence

1. Statement by the defendant in court;

1. E prosecutorial statement;

1. Application of statutes in writing C;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 311 of the Criminal Act and Article 3(3) of the former Punishment of Minor Offenses Act (amended by Act No. 11778, May 22, 2013). Selection of each fine for negligence

1. Concurrent Handling of Crimes and Exemption of Punishment: the latter part of Article 37 and Article 39(1) of the Criminal Act [the crime of this case is concurrent with the crime of obstruction of performance of official duties, etc. in the judgment that became final and conclusive, so it is necessary to examine whether to reduce or exempt punishment, taking into account the equity with the case where the judgment is rendered simultaneously with the above crime. Considering the criminal facts of the above crime for which judgment became final and conclusive (the crime of this case is committed by police officers’ assault, obstruction of restaurant business, obstruction of restaurant business, and overall circumstances concerning the crime of this case

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