beta
(영문) 대구지방법원 2015.07.17 2014노2304

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 fine) is too unreasonable.

2. The judgment of the court below is inconsistent with the defendant's confession of the crime of this case, although there are favorable circumstances such as the defendant's old and physically handicapped's point of view, the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, means and result of the crime of this case, the punishment imposed by the court below cannot be deemed unfair, since the defendant's assertion is without merit, considering all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime of this case, criminal records, etc.

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

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below's second page D " as H" shall be dismissed ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, and the phrase "1. In the application of the law," "B" of Articles 70 and 69(2) of the Criminal Act, "B", "Article 70 and Article 69(2) of the former Criminal Act," which was amended by Act No. 12575 of May 14, 2014, shall be corrected

.