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(영문) 청주지방법원 2015.06.11 2015노329

모욕등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the fine of KRW 2.6 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable;

2. Circumstances favorable to the defendant are as follows.

The Defendant confessions all of the crimes of this case, and is against the law.

The Defendant appears to have brought about the instant crime under the influence of alcohol.

The defendant is hardening to make sure of the intention of the principle of gold.

Defendant did not exercise more tangible power than to avoid insult or disturbance.

However, there are the following disadvantageous circumstances for the defendant.

In 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months for the crime of violation of the Road Traffic Act, and was sentenced to a two-year suspended sentence for the crime of interference with business during the suspended sentence period, and was sentenced to a fine of KRW 1 million on February 17, 2014 for the crime of this case.

In addition, the defendant has been punished for violence and drinking-related crimes over a long time.

It seems that the offense of insult of a defendant has been committed for two or more hours, and it seems that the victim has suffered from mental suffering which is difficult to recover.

The Defendant’s insultd the victim who performed official duties by putting his uniform to the victim, thereby damaging the public trust in the public authority.

In addition, taking into account the Defendant’s age, character and conduct, motive and background, means and consequence of the crime, circumstances after the crime, and criminal records, and all of the sentencing conditions indicated in the instant arguments and records, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

The prosecutor and the defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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.