명예훼손등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that from the date of this judgment.
1. The lower court, among the facts charged against the Defendant, dismissed the prosecution against the Defendant as to the assault against the Victim E, and sentenced the Defendant guilty of the remainder of the facts charged.
However, since the defendant appealed against the guilty portion of the judgment of the court below on the grounds of unfair sentencing, and the prosecutor did not appeal against the dismissal portion of the public prosecution, the dismissal portion of the judgment of the court below becomes final and conclusive separately, and only the remaining guilty portion is subject to
2. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.
3. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, background, means and consequence of the instant crime, circumstance after the instant crime, family relation, etc., which are disadvantageous to the Defendant, and the Defendant was punished several times due to violence, etc., but the Defendant led to the confession of the instant crime, and the Defendant agreed smoothly with the victim F, K,O, and R when the Defendant was in the first instance trial, the Defendant’s age, sexual conduct, environment, the background, means and consequence of the instant crime, and other various sentencing conditions indicated in the instant argument, such as the Defendant’s age, sexual conduct, and environment, the circumstances after the instant crime, and family relation. Therefore, the Defendant’s punishment sentence imposed by the lower court is deemed unfair.
4. In conclusion, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed and the defendant's appeal is again decided as follows after pleading pursuant to Article 364 (6) of the Criminal Procedure Act.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 283(1) of the Criminal Act (the point of intimidation, the choice of imprisonment), Article 311 of the Criminal Act (the point of insult, the choice of imprisonment), Article 260 of the Criminal Act.