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(영문) 부산지방법원 2015.10.16 2015노967
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (700,000 won) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of the Defendant to the instant crime and reflects his mistake, and the fact that there is no other criminal records except for the punishment of a fine once due to a violation of the Agricultural Products Quality Control Act.

However, the crime of this case was committed by openly insulting a police officer upon receiving a report, and thus, the nature of the crime was considerably poor in light of the method and content of the crime. The lower court appears to have determined the punishment by reducing the fine (one million won) of the summary order in consideration of the circumstances favorable to the Defendant as seen earlier, taking into account the following circumstances: (a) there is no special circumstance or circumstance that may be newly considered after the pronouncement of the lower judgment; and (b) other various conditions of punishment as shown in the argument of this case, including equity in sentencing with the same or similar case; (c) the Defendant’s age, character and behavior, character and environment; (d) motive and circumstance of the crime; and (e) and (e) other various conditions of punishment as indicated in the argument of this case,

Therefore, the defendant's above assertion is not accepted.

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

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