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(영문) 청주지방법원 2013.05.10 2012노1161

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, probation, community service, and order to attend a lecture) of the lower court is too unhued and unreasonable;

2. The judgment of the Defendant committed the instant crime even though he/she was sentenced to a fine or a suspended sentence on several occasions due to the same criminal act, and the Defendant’s blood alcohol concentration at the time of drunk driving is considerably high to 0.173%, and the Defendant’s blood alcohol concentration at the time of drunk driving is high to 0.173%, and the Defendant’s injury is disadvantageous to the Defendant.

However, in light of the fact that the Defendant is divided into and against the instant crime, the fact that the Defendant agreed with the victim of the traffic accident, the Defendant did not have any history of having been punished by a fine or a heavier punishment due to drinking driving or a traffic accident, and the offense of the insult in this case is relatively minor and the nature of the crime is relatively minor since he did not exercise physical force as he did not exercise physical force, and the Defendant’s age, character and behavior, career, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., it cannot be deemed unfair since the lower court’s punishment is too un

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.