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(영문) 창원지방법원 2017.05.11 2016노3377
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (two million won in penalty) of the court below is too unhued.

2. In full view of the following: (a) the lower court’s judgment was examined; (b) the police officer was given a suspended sentence of imprisonment by insulting the police officer; (c) the instant crime was committed during the period of the suspended sentence; (d) there was a reason unfavorable to the Defendant while making a confession of the crime; (c) there was no criminal record exceeding the suspended sentence of imprisonment; and (d) the victim was seriously dead; and (e) favorable reasons for sentencing; (e) the Defendant’s age, family relationship, economic situation; (e) background leading to the crime and motive leading to the instant crime; and (e) all other matters regarding the sentencing as indicated in the records and changes in the records of this case, the lower judgment’s punishment is deemed reasonable;

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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