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(영문) 제주지방법원 2016.06.30 2016노45
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

2. Under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant has no specific criminal history except for a violation of the Labor Standards Act, prior to the instant crime, having been sentenced once to a fine, is favorable to the Defendant.

However, due to the crime of this case, the victim seems to have suffered considerable mental impulse, and the defendant did not recover damage to the victim and did not receive a letter from the victim, etc., is disadvantageous to the defendant.

In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime, and all of the sentencing factors expressed in the process of the trial and records, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to have exceeded the reasonable scope of discretion, or to be too unfair.

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

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