beta
(영문) 광주지방법원 2016.05.24 2015노2946

모욕등

Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the court below's punishment (700,000 won) is too unreasonable.

Judgment

It is recognized that the defendant committed a contingent crime in the situation of conflict between the victim and the debt repayment.

However, the Defendant did not neglect to insult the victim at the victim’s residence, but did not cause the victim to feel a considerable sense of shame again, thereby impairing the victim’s reputation by false facts, and did not reach an agreement with the victim. In contrast to such illegality of the Defendant’s crime, a fine of KRW 700,000 cannot be deemed to be excessive.

In addition, comprehensively taking into account all the factors of sentencing as shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.