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(영문) 서울서부지방법원 2015.10.22 2015노954
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of fine) of the lower court is too heavy.

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

However, the crime of this case is an element of sentencing unfavorable to the defendant, not to mention that the defendant’s justifiable insultd a police officer who is under law enforcement, and that there is no agreement with the victim, and that there is no change in circumstances that can be considered in sentencing after the judgment of the court below.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and criminal records, the sentence of the court below cannot be deemed unfair because it is too unreasonable.

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

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