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(영문) 부산지방법원 2018.05.10 2018노811

모욕등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The Defendant committed the instant crime, based on the following facts: (a) the Defendant injured the victim; (b) insulting and assaulted police officers; (c) in light of the content of the instant crime, the Defendant’s liability was heavy; (d) the Defendant had been punished for the same kind of crime several times; and (e) the Defendant committed some of the instant crimes during the period of suspension of execution without being aware of the fact that the Defendant committed the instant crime without being able to do so.

However, it seems that the defendant committed the crime of this case, even though he did not reach the state of mental or physical weakness at the time of the crime of this case, the mental illness such as depression and bipolar disorder, which was suffering from ordinary mental suffering, seems to have contributed to committing the crime of this case. The defendant has agreed with the victim of the crime of this case at the time of the trial, and the damaged person is suffering from the defendant's wife. The defendant deposited a considerable amount of money for the victimized police officers when the defendant was in the trial of the party, and the defendant's personal relation seems to be obvious, such as the defendant's personal relation seems to be obvious, such as the defendant's age, sexual behavior, and environment, and all other circumstances, which form the conditions for sentencing as specified in the argument of this case, are too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below.