명예훼손
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine for negligence of KRW 3,000,000 and by a fine of KRW 2,00,000.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence of the lower court (defendant A: 6 months of imprisonment, 2 years of suspended sentence, 4 months of imprisonment and 1 year of suspended sentence) is too unreasonable.
2. In light of the fact that the crime of this case was committed by the Defendants with false information about the victim at work, etc., thereby undermining the reputation of the victim, and the social assessment of the victim has already been considerably damaged due to the crime of this case, and the damaged social assessment once is difficult to recover again, the Defendants should be punished strictly.
However, on the other hand, the defendants' conviction against the defendants is somewhat unreasonable in light of the following facts: (a) there was no record of criminal punishment previously imposed; (b) there was no record of criminal punishment or criminal punishment heavier than fines for the same kind of crime; (c) the defendants did not want the punishment of the defendants upon their agreement with the victims; and (d) other factors of sentencing as shown in the records and arguments of this case, including the circumstances leading up to the crime of this case, the age of the defendants, sexual conduct, environment, etc., and the court below's punishment against the defendants is somewhat unreasonable. Thus, the defendants' assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the following decision is rendered again after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows: (a) except for the addition of “1. Defendants’ testimony at each trial court” to the column for the evidence of the judgment below, the same as the corresponding column of the judgment of the court below; and (b) thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;