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(영문) 서울동부지방법원 2019.01.11 2018노1458
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Grounds for appeal;

A. The Defendant had no intention to insult the victim.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The Defendant made the same assertion in the trial of the lower court regarding the assertion of mistake of facts, and the lower court, by comprehensively taking account of the evidence duly admitted and investigated, found the Defendant guilty of the facts charged in this case by recognizing the Defendant’s intent of insult against the victim.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and the judgment of the court below does not contain any error of mistake of facts as alleged by the defendant.

B. According to the instant argument and record on the assertion of unfair sentencing, the lower court appears to have made an adequate decision by fully considering the grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. As such, 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.

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