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(영문) 서울서부지방법원 2015.10.08 2015노232

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. The judgment of the defendant is against the defendant's recognition of the crime, and the defendant took a bath in the process of unsatising the lock at the time of the instant case, and there are some circumstances to be considered in the process of the crime, and the defendant has no record of having been punished for the same criminal record or imprisonment with prison labor or heavier punishment, etc. are favorable to the defendant.

However, the crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant took a bath to the victimized police officer while the police box is listened by many people, and that the responsibility for the crime of this case is not less weak, and that the defendant did not agree with the victimized police officer, or did not recover from damage.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the age, character and conduct, environment, and circumstances after the crime, the sentence of the court below cannot be deemed unfair because it is too unreasonable.

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