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(영문) 수원지방법원 2020.02.07 2019노3699
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not call for the victims of mistake of facts.

Nevertheless, the lower court erred by misapprehending the facts charged in the instant case.

B. The sentence imposed by the lower court (one million won of a fine and the cost of a lawsuit) is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, the Defendant argued to the same effect as the Defendant did at the trial of the lower court.

As to this, the lower court did not accept the Defendant’s assertion and found the Defendant guilty of the facts charged in the instant case, taking full account of the circumstances as indicated in its reasoning that can be seen through the evidence duly admitted and examined.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error of misconception of facts as alleged above by the defendant in the judgment below.

B. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record on the assertion of unfair sentencing, the sentence imposed by the lower court appears to have been appropriately determined by fully considering the grounds for sentencing alleged by the Defendant, and no special circumstance exists to change the sentence imposed by the lower court.

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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