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(영문) 의정부지방법원 2017.04.28 2016노3043
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the sentence imposed by the court below (2 million won in penalty) against the defendant is too unfased.

2. The instant crime was committed by a police official whose duties were performed by the Defendant, and thus, the crime is deemed not suitable when examining the content of the crime.

On March 25, 2009, the Defendant was punished several times by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) (a violation of the Act on Punishment of Violences, etc.).

However, there is no record that the defendant was punished for the same crime.

In full view of all the above circumstances, the lower court appears to have sentenced the Defendant to the punishment, and there is no change in the sentencing conditions to deem that maintaining the sentencing of the lower court is unfair.

In full view of all the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.

Therefore, we cannot accept the prosecutor's unfair argument of sentencing.

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

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