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(영문) 인천지방법원 2014.01.10 2013노3020
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of three million won) is too uneased and unreasonable.

2. In light of the fact that the crime of this case was committed without being aware of the fact that the Defendant insultings police officers who lawfully perform official duties, and that the nature of the crime is not good, that the Defendant was punished by a fine for the same kind of crime, and that the Defendant committed the crime of this case without being aware of the fact that he was committed during the period of repeated crime due to special larceny, etc., as stated in the judgment of the court below, although all of the criminal facts in the judgment of the court below were committed,

However, in full view of the following: (a) the Defendant appears to have recognized the instant crime and reflect in depth his mistake; (b) the alcohol appears to have reached the instant crime by drinking and contingently; and (c) the content and degree of insult committed by the Defendant to the victims; (b) the background leading up to the instant crime; (c) the background leading up to the instant crime; (d) the Defendant’s age, family environment; and (e) the circumstances before and after the instant crime, etc., the sentence against the Defendant is too unjustifiable and unreasonable.

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

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