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(영문) 대구지방법원 2015.05.28 2014노2864
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of the court below (the fine of 300,000 won) is too un

2. 판단 이 사건 범행은 피고인이 부모뻘인 피해자에게 수차례에 걸쳐 심한 욕설을 하여 모욕한 것으로 죄질이 좋지 않은 점은 피고인에게 불리한 정상이다.

On the other hand, the defendant recognized the crime of this case as a substitute for the crime of this case and reflects the mistake, and the defendant found the victim's children to enter into the victim's house in order to reach an agreement on the day they inflict an injury on the defendant's relatives, which led to the crime of this case, and the fact that there was no criminal record exceeding the same criminal record or fine is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, it is not recognized that the sentence imposed by the lower court against the Defendant is too uneasible and unfair, and thus,

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

(However, the facts constituting the crime of the lower judgment are apparent that the phrase “ around 04:00 on November 23, 2013” in the first sentence is a clerical error in the phrase “ around 08:00 on November 23, 2013,” and thus, it is apparent that it is a clerical error in the phrase “within 08:0 on November 23, 2013

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