명예훼손등
All judgment of the court below shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the first judgment of the court below: the fine of 500,000 won, and the second judgment: the fine of 300,000 won) declared by the court below is too unreasonable.
2. The appeal case against the judgment of the court of first instance and the appeal case against the judgment of the court of second instance were examined concurrently prior to the judgment on the grounds of ex officio judgment, and the appeal case against the judgment of the court of second instance were examined concurrently. Each of the above offenses in the judgment of the court of second instance is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, each of the above judgment of the court
3. If so, the judgment of the court of first and second trials on the grounds of ex officio reversal as seen earlier is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court of first and second trials are all reversed, and it is again decided as follows.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding column of the first and second original judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 307(2) of the Criminal Act, Article 307(2) of the Criminal Act, Article 311 of the Criminal Act, Article 319(2) and (1) of the Criminal Act, and Article 319(1) of the Criminal Act, the choice of fines for the crime;
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. The sentencing ground of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, such as the fact that the defendant contestss with neighbors, resulting in a contingent crime, circumstances favorable to the defendant's old and healthy status, and the fact that the defendant did not agree with the victim, and other crimes similar to the crime of this case.