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(영문) 서울동부지방법원 2013.05.24 2013노57
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (the fine of KRW 3,00,000) imposed by the court below against the defendant is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized his/her mistake; (b) the Defendant appears to be a crime committed while suffering from mental illness; and (c) the fact that the victimized police officer was dead after committing the crime; (b) the Defendant was punished several times in favor of the Defendant; (c) the Defendant was punished for the same kind of crime even before and after having been sentenced to imprisonment for ten months due to the obstruction of performance of official duties; (d) the Defendant was a crime immediately committed after having been sentenced to imprisonment for ten months; and (e) one hour has not passed since he/she was investigated into the first crime and was released; and (e) other extenuating circumstances, such as the motive and circumstance leading to the instant crime; (e) the motive and circumstance leading up to the instant crime; (e) the circumstances before and after the commission of the crime; (e) the Defendant’s age, character and conduct, environment, occupation, family relationship, economic form, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is too unreasonable

3. As such, 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.

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