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(영문) 수원지방법원 2015.04.29 2014노5217

모욕

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant did not wish the victims to mistake the facts.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the court below on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the Defendant’s assertion of mistake of facts, the Defendant could have sufficiently recognized the fact of openly insulting the victims by referring to the victim police officers as stated in the judgment below, so the above assertion by the Defendant is without merit.

B. We examine both the Defendant and prosecutor’s assertion of unfair sentencing on the grounds of unfair sentencing.

Although the attitude of the crime of this case is not severe, the defendant has already been punished for the same kind of crime, and it is not good that the crime of this case is committed during the suspended execution period for the same kind of crime.

In addition, taking into account the various circumstances such as the Defendant’s age, character and conduct, environment, economic condition, details and contents of the offense, and circumstances after the offense, etc., the sentence imposed by the lower court is deemed appropriate and is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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