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(영문) 서울남부지방법원 2019.01.24 2018노1792

모욕등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts charged, the Defendant did not insult the victims or assault them or damage their property, and even in relation to the violation of the Punishment of Minor Offenses Act, Q Q borrowed money from the Defendant was found in the state where Q kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn

B. Considering the fact that the Defendant’s mental illness is an offense on the grounds of unfair sentencing, the fact that the health is not very good due to the verbal and physical evidence, and the economic difficulty is being considered, the punishment imposed by the lower court (one year of imprisonment and 50,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, as stated in the facts charged, insulting the victims or assaulted them as stated in the facts charged, or damaged their property, and the Defendant, on December 6, 2017, at the AL golf course located in Goyang-gu, Goyangyang-gu, Goyangyang-gu, Goyang-gu, Goyang-si, with the transition of 2 and 3 floors up to the back of the 2 and 3 floors, during which the Defendant was living on the back of the 15:00 on December 6, 2017, can be recognized that the said golf driving range personnel AM am "I will go to go to am to am to am to am to am to am to am to am to am to am to am to am to am to am,

According to the above facts of recognition, the defendant insultings, assaultss, or damages the victims' property as stated in the facts charged, and conceals the knife without any justifiable reason and carries it with him, and thus, the defendant's assertion of mistake of facts is not accepted.

B. Even when considering the circumstances alleged by the Defendant on the assertion of unfair sentencing, the Defendant repeatedly committed the instant crime during the period of suspension of execution due to the same kind of crime, and special circumstances.

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