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(영문) 부산지방법원 2016.11.25 2016노3646

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all the instant crimes and reflects his mistake in depth, and that there is no other criminal record except twice the suspension of indictment for the instant crime.

However, the crime of this case is deemed to have undermined the reputation of the victim by publicly pointing out false facts, such as “the victim has been convicted of sexual harassment against a child, and installed CCTV at a female bath.” In light of the law and content of the crime, the nature of the crime is considerably poor, and it seems that the agreement with the victim or the recovery from damage has not been properly achieved until now, there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions as shown in the argument of this case, such as equity in sentencing with the same and similar incidents, age and character of the defendant, character and conduct, environment, motive and circumstance of the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

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