모욕등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (the penalty amounting to KRW 6,00,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The crime of this case, based on the judgment, is found to be disadvantageous to the defendant, such as the fact that the defendant openly insults the victim C by openly insulting the victim C, and in the way of writing letters on the entrance of the victim's ownership, each utility would be impaired by either sealing the vehicle on the part of the victim's ownership and spraying the knife, causing assault to the victim by using the knife the knife, which is a dangerous object, while interfering with the transportation of the victim H's knife and impairing the effectiveness of the entrance. In light of the content of the crime and the degree of damage, etc., the criminal liability is heavy.
However, when the defendant made a confession of the crime of this case when he was in the trial for the defendant, the defendant is against the wrong judgment, the victim does not want the punishment of the defendant in the trial for the defendant, the victim H expressed his intention that he does not want the punishment of the defendant in the investigative agency for the defendant, there is no criminal history exceeding the fine of the defendant, the mother of the defendant is urology with urology, the defendant's health is not good due to intellectual disability 3, and the defendant is in an economically difficult situation, such as he must support his family without a certain occupation, and it is recognized that the punishment of the court below against the defendant is unfair because it is too unreasonable in consideration of all circumstances, which are the conditions for the sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.
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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is as follows. The summary of the judgment below is “1. Defendant’s trial testimony” in the column of “a summary of the evidence.”