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(영문) 인천지방법원 2017.11.10 2017노2615

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the insult of facts, the Defendant merely resisted the police officer G’s illegal urgent arrest and the mixture of sexual harassment, and did not desire G among those with C, etc.

Nevertheless, the judgment of the court below that recognized the offense of insult by the defendant is erroneous and adversely affected by the conclusion of the judgment.

B. Sentencing Sentencing is not punishable by the victim C

Considering the fact that the statement is made, the sentence of the court below against the defendant (1.5 million won in penalty) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the Defendant made a confession once the lower court denied the insult, and the lower court investigated the evidence, etc., and found the Defendant guilty.

Comprehensively taking account of the evidence duly adopted and examined by the court below, it does not seem that there was any error in the process of emergency arrest or investigation against the defendant by the police officer.

Therefore, the defendant's assertion of facts is without merit.

B. In full view of the following circumstances: (a) the Defendant appears to have led to the confession and reflect of the offense at the lower court; (b) the Defendant committed an offense against the victimized police officer; and (c) there were no special circumstances or changes in circumstances that may be additionally considered in sentencing after the lower court was sentenced; and (d) other various circumstances, which form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex and environment, motive, means and consequence of the offense; and (e) the circumstances after the commission of the lower judgment, do not seem to have been excessively unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

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