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(영문) 서울중앙지방법원 2017.03.31 2016노5271
모욕
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the amount of KRW 500,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The act of the defendant causing interference with the correctional officer's performance of duties is extremely poor in the nature of the crime by taking a bath to a correctional officer who maintains order and stability in prisons at a place where a large number of inmates exist.

Meanwhile, the circumstances favorable to the defendant include the fact that the defendant recognized all of the crimes, and appears to have committed the crime of this case contingently, and the fact that the defendant was punished for 30 days of punishment due to this case are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing, such as the background of the instant crime, Defendant’s character, conduct, environment, and career, etc., the lower court’s punishment against the Defendant is too heavy or is deemed unreasonable as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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