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(영문) 광주지방법원 2015.11.19 2015노1246

모욕

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 1,500,000 (fine 1,50,000) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant committed the crime of this case without being aware of the fact that it is not good that the Defendant insultingd the police officer, and that the Defendant committed the crime of this case without being aware of it even though he was tried as a separate crime, and that it is not agreed with the victim until now.

However, in light of the favorable circumstances such as the Defendant’s misunderstanding of his mistake, the fact that the Defendant committed the instant crime by contingently, the fact that he does not commit a second offense, the victim’s degree of damage is not serious, and the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, etc., it is deemed that the lower court’s punishment is too unreasonable, and thus, the prosecutor’s allegation is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.