(영문) 서울서부지방법원 2014.09.30 2014노989

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(영문) 서울서부지방법원 2014.09.30 2014노989

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty on the ground that the Defendant did not have any misunderstanding of facts against the victim, even though he did not have intended to do so as to the facts stated in the lower judgment

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too heavy.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the victim, consistently in the investigative agency and the court of the court below, and consistently sought to find a defendant under the influence of alcohol by visiting the site and soliciting him to return home, but the defendant did not comply with it, and attempted to resist him/her, and he/she was insulting by the defendant as stated in the facts charged, and made a detailed statement on the circumstances of the case. ② At the time of the instant case, E, one of the two customers, who was a customer, was the head of the Defendant at the time of the instant case, was able to take care of him/her by the police officer, and was able to take care of him/her.

In full view of the above statements and the statements of the victim are consistent, the defendant can be found to have insulting facts as stated in the facts charged, so the above assertion by the defendant is rejected.

B. The Defendant’s judgment on the assertion of unfair sentencing is favorable to the Defendant, such as the fact that the Defendant committed a contingent crime under the influence of alcohol, and that there was no same kind of power and only fine

However, in full view of the following factors: (a) the crime of this case is an insult of the Defendant’s emotional landscape while performing his duties; (b) the nature of the crime is not weak; and (c) the Defendant denies the crime; (d) there is no change of circumstances that may be particularly considered in the trial; and (e) other factors of sentencing as shown in the argument of this case, such as the background of the crime of this case, the age and character of the Defendant, etc.,

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