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(영문) 부산지방법원 2016.12.16 2016노3355
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. It is recognized that the circumstances such as the defendant's acknowledgement of the crime of this case reflects his mistake, that the defendant's health is not good due to the failure of the defendant due to the delay in functions, and that the defendant's basic living beneficiaries whose economic situation is not sufficiently sufficient.

However, under the influence of alcohol, the crime of this case marks 2 maths of the Defendant, without any reason, and takes a bath to the police patrol unit, etc., and insults the Defendant’s home before and after the said patrol unit by taking a bath to the police officer D, which does not correspond to the case. There is a majority of the cases of violence against the Defendant, the Defendant did not agree with the above police officer up to the trial, the Defendant did not appear to have any special circumstances or changes in circumstances that may be newly considered in the trial after the pronouncement of the original judgment, and other various circumstances that form the conditions of sentencing, such as the Defendant’s age, environment, family relationship, the circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., are considered as being considered, and thus, the sentence of the lower court is too unreasonable.

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

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