모욕
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant, the punishment imposed by the court below (500,000 won of fine) against the defendant is too unreasonable.
2. The fact that the nature of the crime is not good by taking a bath against police officers who are legally performing their duties is disadvantageous to the defendant.
However, there are no criminal records for the defendant, and the defendant commits the crime of this case somewhat contingent due to alcohol, and the defendant is a recipient of basic living who is not suitable for economic conditions, etc. in favor of the defendant.
In this context, considering the various circumstances shown in the records and arguments such as character and behavior, age, etc. of the defendant, the sentence imposed by the court below against the defendant is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment 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 concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;