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(영문) 창원지방법원 2019.01.30 2018노1793
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the sentence of the lower court: fine of KRW 300,00,000; the prosecutor withdrawn the assertion of mistake of facts on the date of the first instance trial)

2. The lower court, under the circumstances unfavorable to the fact that the damage caused by the instant crime was not recovered, determined a sentence by taking into account the following factors: (a) the occurrence of the instant crime due to a family report; (b) the Defendant’s injury treatment and the need for assistance; and (c) the Defendant’s age, character and conduct, environment, motive and means of the instant crime; and (d) the circumstances after the commission of the crime, etc., taking into account the various sentencing conditions

The grounds for unfair sentencing (the seriousness of the case, the necessity of strict punishment, the criminal history and the nature of the crime of the defendant, etc.) alleged by the prosecutor are shown to be the circumstances in which the court below already considered in determining the punishment against the defendant. There are no circumstances to deem that the above sentencing conditions have changed, and considering the above sentencing conditions, the court below’s punishment is deemed to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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

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