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(영문) 전주지방법원 2013.08.30 2013노635
모욕등
Text

1. All the judgment below is reversed.

2. The defendant shall be punished by a fine of 700,000 won.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence (No. 1: a fine of 500,000 won, a fine of 500,000 won: a fine of 500,000 won) imposed by the original judgment is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below against the defendant was examined and sentenced separately, and the defendant filed each appeal against the above judgment of the court below, and the court decided to hold a joint hearing of the above two appeals cases. Each of the above crimes against the defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the above judgment of the court below against the defendant cannot be maintained.

3. In conclusion, the above judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Of the instant crimes on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, among the instant crimes for which the Defendant received a report of disturbance at a hospital, the Defendant publicly insulting the victim E, a police officer, who was called out after receiving a report of disturbance at the hospital, and the nature and circumstances of the crime are very poor, and did not reach an agreement with the victim E, and the Defendant’s assault during the instant crimes is the victim.

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