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(영문) 수원지방법원 2018.08.24 2018노1195
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the 500,000 won suspended sentence) on the gist of the grounds of appeal is deemed to be too unfilled and unfair.

2. The lower court suspended the sentence of a fine of KRW 500,000,00, taking into account the circumstances unfavorable to the Defendant.

The judgment of the court below exceeded the reasonable bounds of discretion in light of the following factors: (a) the fact that the defendant confessions and reflects his own crime; and (b) the circumstances and sentences after the crime; and (c) the judgment of the court below exceeded the reasonable limits of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered as a whole, the sentence of the lower court is appropriate, and it is not recognized that it is unfair because it is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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