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(영문) 창원지방법원 2016.06.16 2015노2969
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (two million won in penalty) of the court below is too unhued.

2. The judgment was based on the following: (a) the Defendant committed the instant crime during the suspended execution period for the same kind of crime; and (b) the police officer’s insult to a police officer requires a strict punishment corresponding to a crime interfering with the performance of official duties; (c) the Defendant was under confinement for two months; (d) the Defendant was detained for committing the instant crime; and (e) the Defendant was under confinement for two months; (e) there was no record of punishment exceeding the suspended execution; and (e) the Defendant deposited 300,000 won for the victim during the trial.

The prosecutor's assertion is without merit, since the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the defendant's age, sex, state of health, family environment, background of the crime, and all other matters on the sentencing as shown in the records and arguments of this case.

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

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