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(영문) 부산지방법원 2017.03.21 2016노4392
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case against the Defendant, dismissed the public prosecution as to the insult of the victim B, and convicted the remainder of the facts charged, and dismissed the public prosecution as to only the Defendant appealed the part of the conviction, which the prosecutor did not appeal, became final and conclusive after the lapse of the period of appeal, and thus, the lower court should make a decision only on the guilty portion among the lower judgment.

2. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to 500,000 won) is too unreasonable.

3. It is recognized that the Defendant, who led to the confession of the crime, repents his mistake while committing the crime, and there is no particular criminal history except that sentenced to a fine of KRW 2 million as a result of the violation of the Petroleum and Petroleum Substitute Fuel Business Act in 2008, and agreed with the victim E who interfered with the business.

However, considering the fact that the Defendant did not agree with the FF, that the lower court determined the punishment by lowering the amount of the fine as set forth in the summary order, that there is no change of circumstances that may otherwise determine the age, sex, environment, motive, means and consequence of each of the instant offenses, and the circumstances after the commission of the offense, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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