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(영문) 인천지방법원 2016.11.10 2015노4023
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the wrongness of the defendant, that the defendant's health and economic conditions are not good due to the disabled of class III with intellectual disability, and that the defendant has no criminal record of the same kind.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and circumstances after the instant crime, the lower court’s punishment is too unreasonable, as it is too unreasonable, considering that the Defendant’s damage to the front of a car parked on the street without any reason is not good, and that the Defendant did not make efforts to restore the agreement or damage with the victims, and that the Defendant has been subject to criminal punishment, including the suspended sentence, several times of criminal punishment due to the instant crime, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, etc.

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

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