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(영문) 수원지방법원 2017.12.22 2017노7269
모욕등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant asserts that the reasoning of the appeal is too unreasonable because the punishment (3 million won in penalty) declared by the court below is too unreasonable, and the prosecutor asserts that it is too unfluent and unfair.

2. The fact that the defendant recognized his mistake and against himself, and deposited some money for the victim is favorable to the defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant openly insultings the victim, threatened him with a dangerous object, and thus, the nature of the crime is not good, the mental suffering of the victim seems to have occurred, and the victim is fluenced by the defendant, the fact that the defendant was punished for the same kind of crime, the fact that the defendant was charged with the crime of inflicting bodily injury on the victim, and the fact that the defendant again committed the crime of this case because it was not long after being investigated.

In full view of the above circumstances and other conditions of sentencing as indicated in the records, including the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the lower court is somewhat simple and deemed unfair.

Therefore, the prosecutor's above assertion is reasonable, and the defendant's above assertion is without merit.

3. As such, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows (as long as the prosecutor’s appeal is reversed on the grounds of the prosecutor’s appeal on the grounds of its reasoning, it does not dismiss the defendant’s appeal separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the description corresponding to each corresponding column of the judgment of the court below, and thus,

Application of Statutes

1. Relevant Article 311 of the Criminal Act concerning the crime, the choice of punishment (in the case of insult) and Articles 284 and 283 of the Criminal Act.

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