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(영문) 창원지방법원 2017.05.11 2016노3188

모욕

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The circumstances are that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was in the period of repeated crime, such as the following: (a) the Defendant’s attitude of hindering police officers’ duties and destroying public authority is not good; and (b) the Defendant committed the instant crime without being aware of it;

However, the defendant is recognized as committing the crime of this case, against his will not repeat the crime of this case in the future.

In light of the following circumstances: (a) the instant crime is being committed by the Defendant under the influence of alcohol; (b) the Defendant appears to have committed contingent acts; (c) there is no fact that the Defendant has exercised a direct tangible power against a police officer; (d) the Defendant supports a pregnant woman with a good health condition; (e) the her mother supports the Defendant’s guidance; and (e) other various circumstances, including the Defendant’s age, environment, sex behavior, motive for the commission of the crime; and (e) the circumstances before and after the commission of the crime, etc., which are the conditions for sentencing specified in the instant records and pleadings, cannot be deemed as unfair since the Defendant’s punishment is too

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