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(영문) 창원지방법원 2017.10.19 2017노2372
모욕등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (unfair sentencing): The sentence of the lower judgment (six months of imprisonment) is too unreasonable.

B. Prosecutor (unfair sentencing): The sentence of the lower judgment is too uneasible and unreasonable.

2. Determination: (a) the Defendant committed the instant crime during the grace period of six months after the suspension of the execution of imprisonment was confirmed to have been 2 years due to the violation of the Road Traffic Act by driving under the influence of alcohol or driving without a license; (b) the Defendant attempted to give perjury as a witness; (c) the same kind of fine is twice (200, 2014) and there are several different fines; (d) there are unfavorable grounds for sentencing; (c) the Defendant is in profoundly against the Defendant’s intent to commit the instant crime; (d) the Defendant’s act is clearly confirmed through the visual recording of the scene at the time; and (e) the person whose testimony was proved to have clearly verified the Defendant’s crime through the video recording the scene at the time, and there was no influence on the instant trial; (d) the victimized person, upon receiving a written application from the injured person to the prosecution at the time of the trial; (e) there was no previous conviction exceeding the suspension of the execution of imprisonment with prison labor; (e) the Defendant’s motive and reason for the Defendant’s health change; (e.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

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