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(영문) 수원지방법원 2017.11.23 2017노2610

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) recognizes and reflects the defendant's mistake, the fact that the defendant paid 10 million won to the victim according to the decision of mediation of civil cases, and the defendant was sentenced to 10 months of imprisonment by force by the District Court on April 26, 2016 and the above decision became final and conclusive on July 27, 2016. In light of the fact that the crime of this case and the above crime for which the judgment became final and conclusive should be considered at the same time in relation to concurrent crimes after Article 37 of the Criminal Act, and should be considered at the same time in relation to the latter concurrent crimes, the sentence of the court below that sentenced 300,000 won is too unreasonable.

2. The crime of this case was committed with respect to a separate criminal case with the defendant only when the victim C resigned from the defendant upon the request of the defendant for continuous intimidation, and even though there was no dismissal, it is not good that the crime was committed by attaching to the 59 platform platform of the apartment complex a public notice stating that "the defendant would be dismissed at the head office where too many actual numbers are revealed at the time of C representative and E internal audit and inspection," and there is no special change in circumstances that may be considered in the trial, such as the defendant's age, sexual behavior, environment, degree of damage, motive and circumstance of the crime and circumstances after the crime, etc., the above assertion is without merit, since the court below's punishment is too unfair, considering all the conditions of the sentencing as shown in the records and arguments of this case including the defendant's age, sexual behavior, degree of damage, motive and circumstance, etc.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.