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(영문) 대전지방법원 2015.08.07 2014노2920
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.

2. Determination

A. There are extenuating circumstances, such as the fact that the Defendant did not have existed with the previous crime, and is against the Defendant’s confession while supporting the wife and three children.

B. Meanwhile, the crime of this case is a case where a police officer called out after receiving a report on alcohol without any justifiable reason, and thus, in order to establish the state’s legal order and eradicate the light of public authority, the defendant needs to be punished strictly.

In addition, in light of the fact that the defendant had a past record of 14 times of punishment, such as the sentence, and the defendant committed the crime of this case even though he had been in the period of suspension of execution, and the police officer, who was the victim, strongly wants to punish the defendant, the responsibility of the defendant is very heavy.

C. The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, living environment, background and consequence of the crime, and the circumstances after the crime.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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