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(영문) 인천지방법원 2016.11.17 2016노1535
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The judgment of the defendant is against the confession of the crime.

The Defendant is an initial offender who had no criminal record prior to the instant crime.

The cost of repairing damaged public goods was compensated before prosecution.

The defendant's economic situation is not good.

However, the crime of this case is not likely to be a crime that damages public goods by insulting the police officer who was dispatched to the police after receiving 112 report by assaulting another person and taking a bath, and by exposing the automatic text of the police station.

The court below has relatively been punished by a fine, taking into account the circumstances favorable to the defendant, and there is no change in circumstances that may consider in sentencing after the sentence of the court below.

In full view of the various circumstances, including these circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

(However, since it is apparent that the "victim F" in the second sentence of the judgment of the court below is an erroneous entry of "victim G", it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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