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(영문) 창원지방법원 2019.10.10 2019노1287

모욕

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a fine of KRW 2,00,000, Defendant B: Imprisonment with prison labor of June, a suspended sentence of one year, Defendant C: Imprisonment with prison labor of August and a suspended sentence of two years) is too unreasonable.

B. The above sentence of the lower court against the Defendants by the prosecutor is too unfasible.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The grounds for unfair sentencing asserted by the Defendants and the Prosecutor appear to have been fully considered in determining the Defendants’ punishment, and there are no circumstances to deem otherwise to have changed in the above sentencing conditions, and even if considering the aforementioned sentencing conditions again, the lower court’s sentencing is determined appropriate within the reasonable scope of discretion, as it was conducted within the scope of discretion.

Therefore, the Defendants and the prosecutor’s argument of unfair sentencing is without merit.

3. In conclusion, since each appeal by the Defendants and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.