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(영문) 수원지방법원 2014.05.16 2014노1552
모욕등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable, 4 months of imprisonment, 1 year of suspended execution, and 120 hours of community service, which are declared by the court below.

2. Before the judgment on the grounds of appeal by the defendant ex officio, the crime of insult and intimidation against the victims of this case is a single crime which constitutes several crimes, and the crime of insult and intimidation against the victims are in substantive concurrence with each other. The crime of insult and intimidation against the victims is a separate crime which differs in the legislative purport, protected legal interest and protected legal interest and applicable area. However, the judgment of the court below has an excessive error, and such illegality affected the judgment, and thus, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the defendant's crime and the summary of evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act, Articles 311 and 283 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the offense of insult and intimidation against each victim C with the heavier punishment among the crimes of insult, each of the crimes of intimidation, and each of the crimes of insult and intimidation);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (including the serious reflectivity, relatively minor crimes, and circumstances agreed with the victim) is against the defendant seriously, the fact that the defendant is a relatively minor crime, the fact that the victims have agreed with the victims in the trial, and other matters such as the defendant's age, character and conduct.

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