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(영문) 서울서부지방법원 2019.11.28 2019노977

모욕

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. In light of the content of the insulting speech made by the Defendant, the crime’s nature is not somewhat weak, and it appears that the place where the Defendant made a statement, such as the description of the facts charged, is very heavy in view of the content of the statement and the situation at the time, etc., the degree of the victim’s frighting fright and frighting frighting frighting frightening

However, there is no record of criminal punishment against the defendant for about 15 years recently, and the fact that the defendant expressed his/her intention that the victim would not want the punishment by mutual consent with the victim in the trial is favorable to the defendant.

In full view of the above normal relationship, the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;

1. The punishment is determined as ordered in light of the various circumstances described above in the judgment of the reasons for sentencing prior to the sentencing of Articles 70(1) and 69(2) of the Criminal Act (when the suspended sentence of imprisonment is invalidated or revoked).