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(영문) 대구지방법원 2018.10.19 2018노2282

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The act of demanding punishment against the victim of mistake of fact was merely the act of demanding punishment, and there was no intention to impair the honor of the victim.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below rejected the above assertion by stating in detail the defendant's assertion and its decision on the following part of the application of statutes, on the ground that the defendant alleged as the ground for appeal of this case, and the court below erred in the misapprehension of legal principles as to the determination of facts, and contrary to the defendant's assertion, the judgment of the court below is just and acceptable, and

Therefore, the defendant's above assertion is without merit.

B. In full view of the circumstances unfavorable to the Defendant, such as the fact that the Defendant had been sentenced one time to a fine, and the victim was the victim of the instant crime. After the instant crime, the victim was unable to attend school, and all of the sentencing conditions indicated in the records and arguments, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the instant crime, means and consequence, etc., the punishment imposed by the lower court was proper and the judgment of the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the defendant asserts the punishment imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. In conclusion, 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.