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(영문) 광주지방법원 2015.09.08 2014노2514

모욕

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. In full view of the elements of sentencing unfavorable to the Defendant, including the fact that the Defendant took a bath against the police officer, the Defendant’s punishment is against the offense of insult, the fact that there is no record of punishment for insult, the support of the wife and his/her dependent, the economic situation is not good, and other factors that form the conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense, and the circumstances after the crime, etc., it is difficult to deem that the lower court’s punishment against the Defendant is too unjustifiable.

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