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(영문) 서울남부지방법원 2018.11.20 2017노2067
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to the symptoms of her early illness repeated.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mental disorder, it is confirmed that the defendant was under a impruptic treatment due to early illness. However, in full view of the circumstance leading up to the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime of this case, the circumstances after the crime, the attitude of the defendant in the investigation stage, the criminal records of the defendant, etc., the defendant was in a state of lacking ability to discern things or make decisions

As such, the defendant's above assertion cannot be accepted.

B. As to the unlawful assertion of sentencing, the crime of this case was committed against the victim on the ground that the police officer performing official duties did not go against the mind, and the nature of the crime is not very good, and the defendant did not reflect the mistake, and the crime of this case was committed again despite having already been punished several times, and there was no other circumstance to reduce the punishment after the judgment below, taking into account the following factors: the defendant's age, sex, behavior, environment, motive, means, means and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence of the court below is too excessive and unfair. Thus, the above assertion by the defendant is without merit.

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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