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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (the fine of KRW 500,000) is too unreasonable.
Judgment
Although the Defendant asserts that the crime of this case was committed in the course of a dispute between the injured party and the injured party, it would be in violation of equity to be punished only by a fine. However, according to the record, the motive that the Defendant and the injured party caused the horse fighting on the day of the crime of this case was attributable to the Defendant’s statement on the charges of this case as the injured party’s statement on the day of the crime of this case.
Even if there is no objective evidence, the defendant's act at a place where other people can hear the reputation of the victim's husband and wife in the absence of any objective evidence, cannot be justified, and the defendant and the victim's husband and wife fighting as alleged by the defendant.
Even if a husband or wife is prosecuted or not prosecuted, it belongs to the prosecutor's discretion on the basis of the principle of indictment, and thus the court has not been prosecuted or punished by the husband or wife.
In full view of other circumstances that are the conditions for sentencing as shown in records and pleadings, the sentence imposed by the court below is too unreasonable, and it is not recognized that the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.