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(영문) 서울남부지방법원 2020.10.19 2020노319

명예훼손등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court is too unreasonable.

2. The judgment of the Defendant is that there is room for somewhat considering the circumstances, as it led to the instant crime, among symptoms that had been treated in the course of recovery after surgery and symptoms that had not existed previously appeared causing physical pain and mental depression, which led to the instant crime.

However, the instant crime was committed by entering false facts about the medical personnel working at the relevant hospital in the banners and diskettes in front of the hospital’s sentiments, and thus, the honor of the victims was undermined, as well as that of other medical personnel’s medical practice, and thus, the crime was highly poor.

The victims are punished by the defendant.

In full view of the defendant's age, environment, health and financial standing, records of crimes, circumstances before and after crimes, and all other sentencing conditions shown in the records of this case and the trial process, the sentence imposed by the court below is deemed appropriate and too unreasonable. Thus, the defendant's assertion is not acceptable.

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

(However, Article 313 of the Criminal Code provides that "Each Criminal Code shall be corrected because it is a clerical error in the article 314 (1) of the Criminal Code" in the application of the law of the court below.