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(영문) 부산지방법원 2016.06.16 2016노684
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered by the Defendant (2,000,000 won in penalty) is too unfluent and unreasonable.

2. The instant crime is a situation unfavorable to the Defendant, where the victim, who is a police official, dispatched after receiving a report by the Defendant, openly insults the victim who is a police officer, and thus requires strict punishment for such crime in order to eliminate the public power and establish a legal order. The Defendant already has been punished twice as a fine due to the offense of insult against police officers; and the Defendant failed to reach an agreement with the victim, thereby causing the victim to be punished by the Defendant.

However, considering the following circumstances: (a) the Defendant’s confession of the instant crime while committing the instant crime; (b) the Defendant has no record of being sentenced to the punishment heavier than that of the suspension of execution; and (c) the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime; and (d) other circumstances that form the conditions for sentencing as indicated in the present case’s records and the doctrine of changes, such as the circumstances after the commission of the crime, it is unreasonable for

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.

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