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(영문) 서울동부지방법원 2014.10.24 2014노995
모욕
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant has divided his mistake into depth and reflected, that the defendant is deemed to have committed the crime of this case by contingency while under the influence of alcohol, and that the defendant seems to have a considerable economic situation as a basic living recipient, considering such circumstances, the court below seems to have partially reduced the fine prescribed in the summary order in consideration of the above circumstances, that the defendant did not receive or agree with the victim until now, and that the defendant has considerable history of punishment for violent crimes, and that there are considerable disadvantages to the defendant. In addition, considering the motive, means and result of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, intelligence and environment, the court below's punishment against the defendant cannot be deemed to be unfair. Thus, the above argument by the defendant is rejected.

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

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