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(영문) 부산지방법원 2020.01.16 2019노2893
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (the fine of KRW 200,000) is too unhued and unfair.

2. Determination

A. The lower court seems to have determined the punishment by taking account of various sentencing grounds, including the fact that confessions and reflects, the fact that disputes between the residents of multi-family housing and the victims have led to crimes in the course of conducting arbitration, and the fact that they are basic living subjects

B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the prosecutor's argument of unfair sentencing is without merit.

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

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