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(영문) 부산지방법원 2018.06.07 2018노718
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was punished by a fine of KRW 500,000 for the same type of crime on or around 2014. The instant crime ought to be taken into account the equity between the crime of destroying property for which judgment has become final and conclusive at the same time with the crime of destroying property.

However, the crime of this case is deemed to have caused a sense of shame and insult at the time by the victim, and the fact that the elderly person asserts is not healthy due to the circumstances alleged by the Defendant, and that the economic situation is difficult for the recipients of basic living, etc. cannot be deemed to be a new change in circumstances that could change the punishment of the lower court.

In addition, when comprehensively considering the sentencing conditions as shown in the hearing of the court below and the party, the sentence imposed by the court below is not hot since it was conducted within the reasonable scope of discretion.

3. According to the conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the Court on the following grounds: Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, the first head of the crime of the lower judgment is corrected to add “the Defendant was sentenced to imprisonment for four months with prison labor for damage to property at the Busan District Court on June 30, 2017, for one year of suspension of execution, and the above judgment became final and conclusive on July 8, 2017,” and “1. Concurrent treatment” and “after Article 37 of the Criminal Procedure Act, Article 39(1) of the same Act,” respectively, to the first head of the crime of the lower judgment.

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