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(영문) 전주지방법원 2015.01.30 2014노1263
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment of a fine of KRW 500,00 against the Defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is accepted as favorable circumstances such as the defendant's confession of the crime of this case, the defendant seems to have reached the crime of this case by contingency in the course of prompt handling of various traffic accidents after hearing the victim's awareness of traffic accidents, and the defendant has no record of committing the same kind of crime. However, the crime of this case is deemed to have been insulting by the victim, who is a police officer, for the reason that the victim, who is a police officer, does not handle traffic accidents according to his own intent, and the crime of this case is not less vulnerable to the nature of the crime. Even though another person in the surrounding area at the time of the crime, he constantly takes a bath to the victim, despite the victim's desire despite other person's escape, and the victim seems to have caused considerable aggravation and sense of shame due to the victim's desire, and the defendant did not have any effort to recover damage, and therefore, it is difficult to see that the defendant's mistake was contrary to the victim's authenticity, and the defendant's age, character, family relationship, circumstances after the crime, etc.

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

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