모욕
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Although there are unfavorable circumstances such as the Defendant’s failure to reach an agreement with the victim until the Defendant was in the court of trial, considering the Defendant’s age, economic power, circumstances leading up to the instant crime, means and methods, etc., taking into account the Defendant’s age, economic power, the circumstances leading up to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment seems to be somewhat heavy, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.