beta
(영문) 대구지방법원 2019.01.17 2018노2774

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment with prison labor for four months and 40 hours of community service order) is deemed to be too unhued and unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime; and (b) there is no change in circumstances or circumstances that could change the sentencing of the lower court after the lower judgment, including that the Defendant had no record of criminal punishment for the same crime; and (c) the sentencing of the lower court is unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.