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(영문) 의정부지방법원 2014.12.19 2014노1536
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disorder.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have committed the crime of this case under drinking, in view of the background of the crime of this case, the means and method of the crime, the defendant's act before and after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime

not seem to have existed in or weak condition.

Therefore, this part of the defendant's argument is without merit.

B. Although the Defendant acknowledges the Defendant’s judgment on the assertion of unfair sentencing, the Defendant, even prior to the instant case, committed a similar crime, such as insult, violence, interference with business, etc., has been punished more than 20 times, and the period of the sentence of imprisonment or suspension of execution has reached several times, and the Defendant’s age, character and conduct, environment, details and contents leading to the instant crime, and circumstances leading to the sentencing conditions indicated in the records, etc., in full view of all the circumstances, including the Defendant’s age, character and conduct, the lower court’s sentence cannot be deemed unfair.

Therefore, this part of the defendant's assertion is without merit.

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

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