logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.03.28 2019노207
모욕등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too untile and unfair.

2. The crime of this case is deemed to have been committed by the Defendant, even though it is recognized that the Defendant insultings the victim who does not have any awareness within the subway prior to the subway, and subsequently took 28-day medical treatment by assaulting the victim, and eventually, the Defendant suffered losses that need to be treated for 28 days. In light of the circumstances of the crime, the nature of the crime is bad in light of the process of the crime, the method and content thereof, and the Defendant was trying to make a statement of intimidation to the victim in the course of attempting to reach agreement.

In addition, in full view of the circumstances such as the confession of the Defendant to commit the instant crime, the victim did not want the punishment against the Defendant by mutual consent with the victim, and the Defendant’s primary offender who does not have any criminal power, etc., the equity of sentencing with the same and similar incidents, and other various sentencing conditions as indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable as it is too unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

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

arrow