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(영문) 서울남부지방법원 2017.09.15 2017노1200

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness under the influence of alcohol.

B. The punishment sentenced by the lower court (four months of imprisonment) is excessively unreasonable.

2. Determination

A. The record on the assertion of mental disorder reveals that the Defendant committed the instant crime under the lack of the ability to discern things or make decisions at the time of committing the instant crime.

Therefore, this part of the defendant's assertion is not accepted.

B. As to the unfair argument of sentencing, the judgment of the court below is deemed to belong within the reasonable scope of the discretion, and there is a change in the conditions of the sentencing when considering the following factors: (a) the degree of insult against police officers in the performance of official duties; (b) the majority of the same criminal records including three times a sentence; and (c) the period of repeated offense for five months after release; and (d) the applicable sentences, etc.

Considering the fact that the sentencing of the defendant is not visible, the sentence of the court below is too unreasonable because it is too unreasonable. Thus, the defendant's improper assertion of sentencing is also groundless.

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