beta
(영문) 서울서부지방법원 2015.08.28 2015노546

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (700,000 won of a fine) is too unreasonable.

2. The fact that the defendant recognized the instant crime and reflected in the judgment is an element of sentencing favorable to the defendant.

However, in full view of the factors of sentencing unfavorable to the Defendant, including the Defendant’s failure to agree with the victim, the Defendant had a history of criminal punishment several times prior to the Defendant, and there is no change of circumstances that may be particularly considered in the trial, and other factors of sentencing as shown in the arguments in the instant case, including the Defendant’s age, character and conduct, environment, the developments and consequence of the instant crime, and the circumstances after the crime, etc., the sentence of the lower

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