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(영문) 대전지방법원 2018.05.16 2017노2550

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the defamation on November 29, 2015, the Defendant stated that “E is a 20,000 won or more and from time to time sell its body,” and the Defendant did not make the said remarks on the spot in I and J except D around November 29, 2015, as indicated in the facts charged.

2) With respect to defamation on January 5, 2016, the Defendant made a speech that “E took the body from K, and sold its body with the amount of KRW 10,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. The lower court also made the same assertion as the grounds for appeal, and the lower court rejected the Defendant’s assertion in detail on the Defendant’s assertion and its judgment in the item “judgment on the Defendant and his defense counsel’s assertion” of the judgment.

Examining the reasoning of the judgment below in a thorough manner with records, the above judgment of the court below is just.

Therefore, the lower judgment did not err by misapprehending the facts as alleged by the Defendant, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable.