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(영문) 광주지방법원 2019.05.30 2018노3264

모욕

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2,000,000 won of fine) of the lower court is deemed to be too unhued and unreasonable.

2. Considering the fact that the accused has a number of violent offenses, strict punishment against the accused is required.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) balance in sentencing with the same case; and (c) the Defendant’s age, character, conduct and environment; (d) motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime was committed, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.