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(영문) 창원지방법원 2017.04.13 2016노2984
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 (3 million won in penalty) of the court below is too unfilled.

2. The judgment of the court below is based on the following facts: (a) each of the crimes of this case was committed against the victim who was called to the police officer after receiving a report that the defendant did not get out of the place of destination; (b) was sentenced to a fine six times as a result of the crime of this case; (c) was sentenced to a suspended sentence of imprisonment; and (d) committed each of the crimes of this case during the suspended sentence period; and (c) was not explicitly provided by the victims; (d) there was a reason for unfavorable sentencing, such as the confession of the crime; (e) there was no criminal record going against the confession of the crime; (e) there was no criminal record going beyond the suspended sentence of imprisonment for the same kind or imprisonment; and (e) there was no criminal record going against the victim's age, family relation, economic situation, background and motive leading to the crime; and (e) other matters concerning the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate; and (e)

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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