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(영문) 서울남부지방법원 2013.03.28 2013노147
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged in the instant case, did not insult the police officers who were dispatched to the Republic of Korea.

Nevertheless, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (the fine of 800,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the records, the examination of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the fact of insult can be sufficiently recognized by the Defendant’s desire to the police officers dispatched as stated in the facts charged in the instant case.

In the same purport, the decision of the court below that found the defendant guilty of the facts charged of this case is correct, and there is no error of law by mistake of facts as alleged by the defendant, and this part of

B. Considering the assertion on unfair sentencing, there are extenuating circumstances, such as the following: (a) the Defendant’s health status is not good; and (b) the Defendant has been serving several times of punishment due to the obstruction of performance of official duties, etc.; and (c) the Defendant has not properly divided his/her errors; (b) the lower court sentenced KRW 800,000 by reducing the amount of fine of KRW 1,50,000 under the summary order in consideration of the circumstances favorable to the Defendant; and (c) there is no special circumstance or change in circumstances that may be considered for sentencing newly after the sentence of the lower judgment was rendered; and (d) other circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are comprehensively considered.

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