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(영문) 서울서부지방법원 2016.02.16 2015노1641
모욕
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is an element of sentencing favorable to the defendant, such as the fact that the defendant makes a confession and reflects the crime of this case, and that the balance of punishment with the case where the defendant has judged simultaneously with the crime of causing injury to the performance of special duties as indicated in the judgment below.

However, in full view of the following factors: (a) the Defendant posted a letter that slanders the victim on the Internet site Twitter over 12 times; and (b) there is no change of circumstances that may be particularly considered in the sentencing factors that are unfavorable to the Defendant; and (c) the Defendant’s age, sex, environment; (d) the background and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence of the lower court against the Defendant is adequate.

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

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