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(영문) 청주지방법원 2017.08.31 2017노545
모욕
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that each of the lower courts’ respective punishments (Defendant A: a fine of 1.5 million won, Defendant B: a fine of 4 million won) is too uneased and unreasonable.

2. Determination

A. Circumstances unfavorable to Defendant A are as follows.

The defendant did not reach an agreement with the victims.

The defendant has been sentenced to a fine three-time for a crime related to diversity (crimes related to violence) and has the record of being sentenced to a suspended sentence of imprisonment once.

Circumstances favorable to the defendant shall be as follows:

The defendant confessions the crime of this case and repents.

The defendant seems to have committed the crime of this case in a state of drinking.

Defendant has no record of punishment except for the above-mentioned criminal records.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

A. Circumstances unfavorable to Defendant B are as follows.

The defendant, upon receiving a report, assaulted the police officer who was dispatched, and obstructed the performance of official duties.

The defendant has been sentenced to a suspended sentence of imprisonment for the same kind of crime in 2014.

Circumstances favorable to the defendant shall be as follows:

The defendant confessions the crime of this case and repents.

The degree of assault against damaged police officers is somewhat weak.

The defendant seems to have committed the crime of this case in a state of drinking.

The defendant deposited KRW 500,00 in the court below for the damaged police officers.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

3. Accordingly, the Prosecutor’s appeal against the Defendants is justified.

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