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(영문) 부산지방법원 2017.01.19 2016노3767
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of KRW 3 million sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The court below's attitude to recognize and reflect the defendant's mistake, and the fact that equality should be taken into account with the case of concurrent crimes after Article 37 of the Criminal Act, such as the crime of this case and the crime of fraud, etc. in the judgment of the court below, even though it is recognized that the defendant had been punished for various crimes at least 30 times, such as being sentenced ten times or more, and that the defendant committed the crime of this case again in the past four months after the completion of the execution of punishment, even though he was sentenced to imprisonment due to fraud in around 2014 and was sentenced to a repeated crime, and even during the repeated crime period of 2014, he did not commit the crime of this case. In light of the content, situation, circumstance, circumstance, etc. of the defendant's abusive theory, the degree of insult against the damaged police officer, and the motive or circumstance, it cannot be deemed that the crime of this case, the nature of the crime of this case, and its possibility of criticism, might be light.

Considering the above circumstances and other circumstances such as the Defendant’s age, sex, environment, and circumstances after the crime, the sentence sentenced by the lower court is within the scope of appropriate sentencing discretion.

The decision is judged.

3. As such, the Defendant’s appeal is without merit, and the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act (Article 364(4) of the Criminal Procedure Act: Provided, That the first head of the lower judgment’s criminal facts stated in the first head “the Defendant was sentenced to imprisonment for ten months with prison labor by fraud, etc. at the Changwon District Court on February 17, 2016” is a clerical error in the evidence’s summary, “The Defendant was sentenced to nine months’ imprisonment with prison labor by fraud, etc. at the Changwon District Court on June 15, 2016,” and it is evident that the Defendant omitted “1. Criminal records: the instant search and each judgment” in the part of the evidence’s summary. As such, it is corrected ex officio by correcting

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