정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.
2. The fact that the Defendant, by stating false facts, impairs the honor of the victims, and that no agreement has been reached with the victims is disadvantageous to the Defendant.
However, the Defendant did not have any other criminal history except the record of suspended sentence for the crime of this kind 15 years prior to the 15-year period, and recognized and reflected the criminal facts of this case.
The defendant was a vice-chairperson of the defendant.
There is also room to regard the publication of this case as the public interest motive for disabled persons who are members C.
In addition, the defendant, as a beneficiary of the interest of the person with a disability of grade 1, seems to have not been able to be in an economic situation, and the health condition is very poor due to the hummatic trag, etc.
In addition, considering the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, all of the sentencing conditions shown in the records and arguments in this case, it seems unfair that the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc., and Selection of fines concerning facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Detention in a workhouse (the defendant does not pay a fine after the sentence of suspension of execution has been invalidated or revoked);