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(영문) 전주지방법원 2019.10.16 2019노1029
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

Although there are favorable circumstances in sentencing, such as the Defendant’s confession of the instant crime, the Defendant’s confession, and the fact that there was no record of criminal punishment prior to the instant crime, it is difficult to evaluate that there was any change in the sentencing conditions compared to the original judgment as the circumstances already considered in the process of determining the punishment. The Defendant’s assertion is without merit, considering the following factors: (a) the degree of the Defendant’s insult and defamation was serious; and (b) the victim appears to have suffered considerable mental suffering in his/her workplace; and (c) the Defendant’s age, character, character, environment, background of the instant crime, circumstances after the instant crime, and other factors revealed in the oral proceedings, such as the Defendant’s age, character and behavior, and environment; and (d) the circumstance after the crime, etc.

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

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