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(영문) 서울남부지방법원 2013.04.12 2013노150
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is as follows: first, the defendant was in a mental and physical state under the influence of alcohol at the time of the crime of this case; second, the punishment of the court below against the defendant is too unreasonable.

2. In full view of all the circumstances, such as the motive, background, means and method of the instant crime indicated in the record, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, prior to the determination, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, this part of the argument is without merit.

Next, considering the assertion of unfair sentencing, the lower court appears to have determined the penalty by reducing the fine amount (700,000 won) of the summary order against the Defendant by taking account of various circumstances, and there are no changes in circumstances after the lower judgment was sentenced, and other various sentencing conditions specified in the records and arguments of the instant case, including the motive and circumstances of the instant crime, the circumstances after the instant crime, and the criminal records of the Defendant, etc., the lower court’s punishment is too unreasonable. Therefore, this part of the allegation is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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