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(영문) 부산지방법원 2017.06.30 2017노802

모욕등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants to the punishment (an administrative fine of three million won) is too unreasonable.

2. The fact that the judgment of the commission of the crime is recognized and is against the law, Defendant A did not have a criminal record except for those punished twice by a fine prior to 2000, Defendant B was the first offender, and Defendant F was the police officer F wanting to take the measures against the Defendants.

However, in full view of the following circumstances: (a) the lower court appears to have determined a punishment in consideration of such favorable circumstances; (b) the obstruction of the performance of official duties requires a strict punishment for the establishment of public authority and the protection of legal order; (c) there is no special change in circumstances after the lower court was sentenced; and (d) the fairness in sentencing with the same and similar cases; and (e) the Defendants’ age, sex behavior, environment, family relationship, and other circumstances that include the conditions for sentencing as indicated in the instant case, it is difficult to view that the sentence imposed by the lower

Therefore, we cannot accept the defendants' above argument of sentencing.

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