(영문) 대구지방법원 2016.03.23 2015노850 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.03.23 2015노850

모욕

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The lower court, among the facts charged in the instant case, dismissed the public prosecution as to the insult of the Defendant on April 16, 2013 and the insult of the Defendant on December 20, 2013, and convicted the Defendant on July 17, 2014, and dismissed the public prosecution for which the prosecutor did not appeal due to only the Defendant’s appeal as to the conviction, became final and conclusive by the lapse of the appeal period. Accordingly, the lower court’s judgment should be tried only for the conviction of the Defendant.

2. Summary of grounds for appeal;

A. Although the Defendant did not insult the victim by making the statement as stated in the judgment of the court below, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

3. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the offense of insult in the judgment of the court below is an imprisonment or imprisonment without prison labor for not more than one year or a fine not exceeding two million won where the statutory penalty is determined as a fine of not more than two million won, and the court below sentenced a fine of not more than two million won, but the court below sentenced the above punishment of a fine of not more than three million won, which is higher than the upper limit of the punishment. The court below erred by misapprehending the legal principles on the scope of the punishment, thereby affecting the conclusion of the judgment. Therefore, the judgment of the court below cannot be maintained further

B. We examine the judgment of the court below on the assertion of mistake of facts since the defendant's assertion of mistake of fact is still subject to the judgment of the court.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim and witness F, are the date and time of the decision of the court below in the investigative agency and the court of the court below.

유사 판례

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