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(영문) 서울동부지방법원 2015.05.22 2015노98
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not wish the victim D to mistake facts or misapprehension of legal principles as stated in the facts charged.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, including D/ I’s statement of the court below in determining the mistake of facts or misapprehension of legal principles, the court below's judgment that found the defendant guilty of the facts charged of this case is justified in the judgment of the court below, since it is difficult to believe the defendant's statement at the court of the court below and the investigative agency of M, L, and K, which seems consistent with the defendant's defense, as stated in the judgment of the court below.

B. In full view of the fact that there is no criminal power prior to the instant case’s determination on the assertion of unfair sentencing, the punishment imposed by the lower court is too unreasonable, even if it is recognized that there is no criminal power prior to the instant case, and that the degree of insult is not weak, the circumstance where the lower court’s punishment is changed is not presented in the trial, and other circumstances that are conditions for sentencing, including the Defendant’

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

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