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(영문) 서울북부지방법원 2016.05.31 2016노275
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was unable to discern things or make decisions due to drinking, or was in weak condition.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. In light of the following: (a) determination on the assertion of mental and physical loss or mental weakness; (b) the background leading up to the Defendant to the instant crime; (c) the means and methods of committing the instant crime; and (d) the circumstances after committing the instant crime, the Defendant was in a state of having no or weak ability to discern things or make decisions due to drinking,

It does not appear.

Defendant’s assertion is not accepted.

B. It is recognized that the defendant recognized the crime and misunderstanding of the judgment on the unfair argument of sentencing.

However, the Defendant had a record of being punished several times due to interference with the performance of official duties, and the crime of this case also insulting the police officer in charge of performing official duties, and it is not good to commit a crime.

There is no change in circumstances that would otherwise determine the original judgment and the punishment in the first instance.

In addition, considering all of the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, etc., the sentence of the lower court appears to have been conducted within the reasonable scope of discretion, and it is not recognized that the lower court’s punishment is unfair because it is too large.

Defendant’s assertion is without merit.

3. 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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