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(영문) 수원지방법원 2018.08.14 2018노786

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspended sentence of 2 years, the fine of 600,000 won, the observation of protection, and the community service order of 120 hours) of the lower court is too uneasy and unreasonable.

2. There is no change in the conditions of sentencing compared with the original judgment because a new sentencing data has not been submitted at the trial of the original judgment. In full view of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing exceeded the reasonable scope of discretion because it is too unhued.

shall not be deemed to exist.

3. The prosecutor’s appeal of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Article 25(1) of the Regulation on Criminal Procedure). The part of the judgment below’s criminal history is deleted pursuant to Article 25(1) of the Criminal Procedure Act, and Article 38(1)2 of the applicable aggravated provision of the Act is added to “Article 38(1)3.”