(영문) 부산지방법원 2014.12.11 2014노3432 | 리걸엔진

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(영문) 부산지방법원 2014.12.11 2014노3432

모욕

Text

All appeals by the Defendants are dismissed.

In the judgment of the court below, the defendant A shall be punished by a fine of three million won and the defendant.

Reasons

1. The summary of the grounds for appeal against the Defendants is unreasonable because each of the punishments of the lower judgment (a fine of two million won is imposed on the Defendants A, and a fine of three million won is imposed on the Defendants B) is too unreasonable.

2. It is recognized that the Defendants made a confession of all of the crimes of this case and appear to repent of their mistakes, and that the economic circumstances of the Defendants are not good.

However, in full view of the following factors: (a) the instant crime was committed by Defendant B upon receiving a report at the scene of the assault; (b) Defendant A committed several humiliations; and (c) Defendant A expressed a desire to commit such crimes; (d) Defendant A was punished for violent crimes; and (c) Defendant A did not reach an agreement with the victim or recover from damage up to the trial; (d) equity in sentencing with the same similar case; and (e) other factors that are conditions for sentencing, such as the Defendants’ age, character and conduct, motive for the instant crime, and circumstances after the instant crime, it cannot be deemed unreasonable for the lower court to have imposed each sentence on the Defendants too too much.

Therefore, the Defendants’ assertion is without merit.

3. The Defendants’ appeal is without merit and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

However, the court below sentenced the judgment immediately after the pleading and sentenced the defendant A to a fine of two million won and a fine of three million won, respectively, but made a subsequent statement in the text while preparing the judgment.

In the judgment of the court below, “Defendant A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million,” in the text of the judgment of the court below, is obvious that Defendant A is an error of KRW 2 million, and Defendant B shall be punished by a fine of KRW 3 million.” Thus, it is so decided as per Disposition by the court below for correction.

참조조문

-형사소송법 제364조 제4항

유사 판례

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-창원지방법원 2018.04.19 2017노3645

-부산지방법원 2013.07.25 2013노1005