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(영문) 서울서부지방법원 2015.05.01 2014노1206
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one million won of a fine) is too unreasonable.

2. The fact that the defendant recognized the instant crime and opposed to the judgment is an element of sentencing favorable to the defendant.

However, in full view of all the factors of sentencing unfavorable to the Defendant, including the fact that the Defendant had been subject to criminal punishment several times due to theft, fraud, etc. and that there is no change of circumstances that may be particularly considered in the trial, and other factors of sentencing, including the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime, etc., the sentence of the lower court against the Defendant is adequate.

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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