(영문) 부산지방법원 2018.02.21 2017노4857 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2018.02.21 2017노4857

모욕등

Text

The judgment of the court below (excluding the part of dismissal of public prosecution) shall be reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant above.

Reasons

1. The lower court dismissed the public prosecution against the Defendant regarding insult among the facts charged against the Defendant, and the Defendant appealed from the lower court’s conviction on the grounds of unfair sentencing, and the prosecutor did not appeal.

Therefore, since the judgment of the court below to dismiss the public prosecution against the defendant is separated from the original judgment, the part to dismiss the public prosecution is excluded from the scope of this court.

Ultimately, among the judgment of the court below, only the guilty portion against the defendant belongs to the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (the punishment amounting to 500,000 won).

3. The judgment defendant led to confession of the crime of this case.

The amount of damage to property is minor as KRW 10,00,000, and only agreed with the victim.

The victim's health is not good for the disabled of grade 4.

In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.

4. As such, the defendant's appeal is with merit, and the judgment of the court below (excluding the dismissal part of the public prosecution) is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Detention in a workhouse (where a sentence of suspension of execution is invalidated or revoked, the time a fine is not paid) under Articles 70 (1) and 69 (2) (one hundred thousand won per day) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

참조조문

유사 판례

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