(영문) 의정부지방법원 2015.01.23 2014노1391

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(영문) 의정부지방법원 2015.01.23 2014노1391

모욕

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. As to the instant crime, there is a need for strict liability to the police officer for an act of taking a bath to a legitimate performance of official duties, such as the instant crime, and the fact that the Defendant has been subject to criminal punishment, such as punishment, for several crimes, is disadvantageous to the sentencing.

However, in full view of all the circumstances, such as the Defendant’s confession and reply to the instant crime, the fact that the Defendant does not seem to have suffered serious damage due to the instant crime, the Defendant’s livelihood appears to be very difficult, and the Defendant’s age, character, character, environment, occupation, circumstance and details leading to the instant crime, and circumstances after the instant crime, etc., the sentence of the lower court is unreasonable as it is excessively unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act are as stated in the grounds for reversal of the provisional payment order.

참조조문

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