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(영문) 서울동부지방법원 2013.11.07 2013노761

명예훼손등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. There are extenuating circumstances, such as that the defendant, in substitution of the investigative agency, the court below, and the court of the trial, has shown the attitude to see himself/herself and to repent his/her mistake.

However, the content of the crime of this case asserts that the defendant's act of this case was committed using red romans to impair the reputation of the victim. The defendant was not guilty, and due to the victim's mistake, he did not receive the transfer proceeds of his personal taxi. However, according to the victim's legal statement, the victim did not participate in the process of transferring his personal taxi, and it is only recognized that the defendant lost the defendant, although the defendant asserted that he would compensate for damages in the civil lawsuit against the victim. Even if the defendant's assertion is true, such reason is not justified, even if the defendant's argument is true, such circumstance is not justified, the sentencing of the court below seems to be considered in light of the above favorable circumstances, and there is no change of circumstances that may differ from the court below, and considering all the circumstances revealed in the records and arguments, such as the defendant's age, character, environment, occupation, power, process of the crime of this case, means and result of the crime of this case, etc., the sentence of the court below is too unreasonable.

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