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(영문) 전주지방법원 2014.02.07 2013노1372

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the fine of KRW 300,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as a favorable circumstance such as the fact that the defendant recognized the crime of this case and repented in depth, and that the defendant has no record of punishment heavier than that of the punishment or fine for the same kind of crime.

However, in full view of the following factors: (a) the Defendant did not take any measures to recover damage up to the trial in the lower court; and (b) the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime; (c) developments leading up to the Defendant’s commission of the instant crime; (d) means and consequence; and (e) the circumstances before and after the instant crime, etc., the lower court’s sentence is too unreasonable

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