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(영문) 전주지방법원 2013.04.12 2012노1040
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions in light of the gist of the grounds for appeal, the sentence of the lower court (the fine of KRW 300,000) is too uneased and unreasonable.

2. The instant crime on the grounds of appeal is deemed to be strictly punished by the Defendant, in light of the following: (a) the Defendant, who was in the front of a restaurant with C and C, was in front of the restaurant, and was sent to the police officer after being reported with D, etc.; (b) the nature of the relevant crime and the criminal facts are not good; (c) the Defendant had the record of being punished by a fine on five occasions due to the crime of injury, etc. before the instant case; and (d) the Defendant did not take any measures to recover from damage up to the trial.

However, in full view of the following factors: (a) there is no history that the Defendant was punished for the same kind of crime, and there is no history of punishment heavier than a fine, and (b) suffering from cancer and the health of the Defendant is not good at present; and (c) the Defendant’s age, character, conduct, environment, criminal record, criminal records, circumstances leading to the Defendant to commit the instant crime; (d) the means and consequence of the instant crime; and (e) the circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable and thus, it

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

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