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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2013.04.10 2013노118
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, a mistake of facts or a misapprehension of the legal principle has not been insultingly insulting the victim.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,000,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the mistake of facts or misapprehension of legal principles, it can be recognized that the defendant took a bath, such as the statement of facts in the judgment of the court below, while the defendant takes a hearing from the victim's workplace within a district office, and he also takes a hearing from the person outside the office of the court below, and that the defendant took a bath, such as the statement of facts in the judgment of the court below, can be sufficiently recognized. Thus, this part of the defendant's assertion is without merit.

B. We examine the judgment on the issue of unfair sentencing; the defendant continues to deny the crime of this case until the trial of the court; the process of the case is explained several times, and the nature of the crime, such as taking a bath to the police officer who solicits him to return home, is not somewhat weak; and considering various circumstances, including the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime, and circumstances after the crime, the sentencing of the court below is too excessive and unfair; thus, the defendant's assertion on this part is also without merit.

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

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