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(영문) 의정부지방법원 2013.10.25 2013노1360
모욕
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The penalty (200,000 won) imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant made the statement as stated in the facts charged of this case is recognized, and the defendant has no record of criminal punishment other than a fine sentenced once more than ten years prior to the election of the council of occupants' representatives, and the crime of this case was committed by the defendant after the elected from the audit of the council of occupants' representatives to audit the accounts of the council of women's families, which the victim had a general responsibility, and as a result, there was a dispute between the defendant and the victim, and as a result, there seems to be a circumstance to consider the situation, including the defendant's age, character, character, environment, the circumstance and contents leading to the crime of this case, and circumstances leading to the crime of this case, etc., the sentence imposed by the court below against the defendant is somewhat somewhat unreasonable. Thus, the above argument of the defendant 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 facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, 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. Penalty fine of 200,000 won to be suspended;

1. Article 59 (1) of the Criminal Act for suspended sentence ( normal consideration in favor of the reasons for reversal);

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