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(영문) 부산지방법원 2015.06.05 2015노1192

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the defendant recognized all of the crimes of this case, there is no criminal record against the defendant, the defendant supports the wife and children who are the head of the family, and the fact that the economic situation is not sufficiently sufficient because the defendant remains in office for a considerable period of time.

However, this case is a question as to whether the defendant made a public insulting speech to a police officer who properly performs his duties, and the case is not easy, and whether the defendant made a statement different from the victim and witness with respect to the circumstances leading to the instant case up to the court of trial, etc., which led to the instant case. The court below seems to have reduced the amount of fine for the previous summary order to 1/2 by taking account of the above favorable circumstances of the defendant, and other various circumstances, including the defendant's age, character and behavior, motive and circumstance of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the records and arguments, are considered to be unfair.

3. 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.