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(영문) 서울중앙지방법원 2017.09.07 2017노2468
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing): The judgment of the court below (the suspended sentence: fine of 500,000 won) is deemed to be too unhued and unfair.

2. The lower court suspended the sentence of a fine of KRW 50,00,000, taking into account the following factors: (a) the Defendant, as a primary offender, has a reason to take into account the background leading to the instant crime.

In light of the sentencing conditions acknowledged by the court below, since the sentencing of the court below seems to be within the reasonable scope of discretion, and there is no particular change in the sentencing conditions compared to the court below at the time of the trial, the sentencing of the court below cannot be deemed to be unfair because the sentencing of the court below is too low.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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