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(영문) 창원지방법원 2016.06.16 2016노592
모욕등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court’s scope of trial in this Court decided to dismiss the public prosecution regarding intimidation among the facts charged in this case, and each of the remaining convictions. Accordingly, the Defendant and the Prosecutor appealed with respect to the guilty part of the lower judgment. (The Defendant asserted that the Defendant’s ground of appeal only appealed the sentencing of the guilty part on the ground of unfair appeal, and the Prosecutor stated in the petition of appeal that the scope of appeal was “wholly,” but the grounds of appeal clearly indicate that an agreement with the victim regarding intimidation among the facts charged was concluded and dismissed, and only on the grounds of unfair appeal regarding the guilty part, the dismissal part of the public prosecution was determined separately from the period of appeal.)

Therefore, the scope of this court's adjudication is limited to the remaining part of the judgment below except the dismissal of the above indictment.

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. The defendant committed each of the crimes of this case during the same period of probation in 2010, 200, 200,000 won due to driving under the influence of alcohol in 201, 2013, 2013, 200, 2013, 1 million won due to violence in 2015, and 50,000 won due to insult, and 200,000 won due to insult, and 200,000 won. The above 2015, 2015, 200,000 won and 50,000 won were punished for each of the crimes of this case. Nevertheless, the defendant committed each of the crimes of this case during the same period of probation (at present, each of the above periods of probation was imposed on 0.163% high degree of alcohol in drinking, 20.16% high degree of alcohol in drinking, and the previous police officers did not agree with or interfere with the execution of public duties.

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