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(영문) 수원지방법원 2021.01.15 2020노4276

사자명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not use the real name while preparing the instant article, and thus, the victim was identified.

It can not be seen that it only used an exaggerated expression but publicly stated a false fact.

As article is written on the basis of collected data, there was no awareness that the defendant was false, and there was a justifiable reason to believe that it was true.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant asserted to the same effect as the lower court rendered in the trial.

As to this, the lower court rejected the Defendant’s allegation and found the Defendant guilty of the instant facts charged, taking into account the circumstances as indicated in its reasoning, which are revealed through the evidence duly adopted and examined.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts or by misapprehending the legal principles as alleged above by the defendant.

B. In full view of the grounds for sentencing indicated in the instant argument and the record, the lower court appears to have reasonably determined by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to the extent that the sentencing is modified ex post facto.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 (1) of the Regulation on Criminal Procedure; ex officio, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, it is corrected to add "Article 37, Article 38 (1) 2, and Article 50 of the Criminal Procedure Act to "1. Aggravation of concurrent crimes" to Article 37, Article 38 (1) 2 and Article 50 of the Criminal Procedure Act