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(영문) 부산지방법원 2015.12.10 2015노2667
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant shows the attitude against the defendant when recognizing the instant crime; (b) there are some circumstances to consider the background of the instant crime; and (c) the first offender who had no record of criminal punishment prior to the instant case.

However, the court below did not yet agree with the victim, taking into account the favorable circumstances of the defendant, reduced a fine of one million won by KRW 500,000,000 issued in the summary order, and there is no change of circumstances that may be considered in the sentencing since the court below was sentenced to a judgment of the court below to the trial in the first instance, and other various circumstances that are conditions for the sentencing specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime, shall not be deemed to be too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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