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(영문) 울산지방법원 2017.01.26 2016노1635

모욕등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months, the suspension of execution of two years, and community service 80 hours) is too unreasonable.

2. Determination is the circumstance favorable to the defendant that the defendant deposited KRW 500,00 for the victim F, KRW 1 million for the victim G, and that the defendant was subject to criminal punishment of fines for each time in 192 and 197, and that there is no other criminal history in addition to that of fines for each time in 192 and 197.

However, in full view of the following circumstances: (a) the instant crime was committed by a police officer who was dispatched upon receiving a report and received a request for assistance by insult and thereafter, and thereby obstructing the lawful performance of duties by causing another injury to a police officer; and (b) the nature of the instant crime is not very good; and (c) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and other various circumstances that are conditions for sentencing as shown in the trial process, such as the Defendant’s age, sex, sex, environment, family relationship, motive and circumstance after the crime, etc., the Defendant’s assertion is not reasonable.

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