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(영문) 서울동부지방법원 2019.05.21 2019고정24
모욕
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 13, 2018, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Sungnam Branch of Suwon District Court on September 13, 2018, and the judgment became final and conclusive on January 23, 2019.

At around 10:00 on August 15, 2018, the Defendant publicly insultingd the victim on the ground that the victim C was late at the convenience of meals and was late at the food board in Songpa-gu Seoul Eastern House B, Songpa-gu, Seoul, and on the ground that other visitors, such as D et al. al. al., expressed the victim’s desire to “at the time of opening, chewing, and food board,” which read the victim as “at the expense of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Investigation report (Details of DNA wire calls);

1. Application of Acts and subordinate statutes to the report on the progress of dispositions, vision and confirmation;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 39(1) of the Exemption of Punishment Act (In light of the substance of the instant crime and the content of the judgment that became final and conclusive, it seems that no more severe punishment would have been pronounced even if the judgment was rendered simultaneously with the case where the final and conclusive judgment was rendered. Accordingly, the Defendant is exempted from punishment in consideration of equity)

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