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(영문) 부산지방법원 2014.06.13 2014노449
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of a fine of three million won imposed by the court below against the defendant is too unreasonable.

2. Recognizing the instant crime, the circumstances such as the Defendant’s acknowledgement of the instant crime and reflects his mistake, and the degree of damage is minor.

However, the crime of this case was committed on the grounds that the victim was unable to perform duties related to the loss of the mobile phone of the defendant's wife on a legal holiday, and there was poor quality of the crime, such as insulting and assaulting the victim, and did not reach agreement with the victim up to the trial, and had been punished several times for the same kind of crime prior to the trial. In particular, on October 20, 2008, the crime of this case was committed even during the period of repeated crime after being released from the court on December 3, 2011, despite being sentenced to imprisonment for three years and six months for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, etc.). In addition, considering the circumstances leading to the crime of this case, the sentencing of the court below is not deemed unfair.

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

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

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