logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.04 2020노1055
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have a criminal intent to insult.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination:

A. The Defendant, in the lower court’s determination of mistake, made the same assertion as that of this part of the grounds for appeal, and the lower court rejected the Defendant’s allegation and its decision in detail.

Examining records in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just, and the defendant's assertion of mistake of facts is without merit.

B. The Defendant’s assertion of unfair sentencing is without merit, on the grounds that there are no new circumstances or changes in circumstances that may reflect in the sentencing after the sentence of unfair sentencing was rendered, and that the lower court exceeded the reasonable scope of discretion by considering various sentencing conditions as a whole in the record.

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

arrow