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(영문) 대전지방법원 2015.07.02 2014노3393
모욕
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance, such as the following: (a) the Defendant, who is free from reasonable method and expressed a complaint by bullyinging the victim and expressing the complaint, thereby causing a large mental pain to the victim; (b) the liability for such crime is not easy; and (c) the Defendant repeatedly committed a crime against the victim.

However, in light of the following circumstances: (a) the Defendant appears to have committed each of the crimes in this case due to a difficult circumstance; (b) the Defendant appears to have been 75 years old; and (c) the Defendant appears to have maintained his livelihood by leading to a strike; (d) the amount of fine imposed by the lower court is not high; but (e) the Defendant appears to be somewhat harsh from the point of view of the Defendant under difficult economic circumstances; and (e) other sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) all of the sentencing conditions, such as the circumstances after the crime, are somewhat unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

Criminal facts recognized by this court are as stated in the corresponding column of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement with respect to C and F, respectively;

1. Application of Acts and subordinate statutes to the written complaint prepared by C;

1. Relevant Articles of the Criminal Act and Article 311 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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