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(영문) 서울서부지방법원 2015.11.12 2015노1204
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the postponement of sentence: the fine of 300,000 won) is too minor.

2. The fact that the defendant denies the crime up to the trial room, and the fact that the defendant did not agree with the victim is an element of sentencing disadvantageous to the defendant.

However, the fact that the defendant is a primary offender and tobacco smoking is expected to lead to the crime of this case as a result of the victim and the trial cost, and it is the factor for sentencing favorable to the defendant.

In addition, when considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible and unreasonable.

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

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