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(영문) 서울북부지방법원 2015.02.06 2014노1698
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. The judgment of the defendant is favorable to the defendant, such as the confession of the crime of this case as the person with vertebrate disability in the sixth degree, and the defendant has no record of punishment for the same crime as this case.

However, considering the circumstances of the instant case asserted by the Defendant, the degree of insult against the victim is not less severe in light of the content and situation of the victim’s speech at the time, and there was no agreement between the Defendant and the victim up to the trial. In full view of the following circumstances, comprehensively taking into account the Defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and consequence, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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