beta
(영문) 부산지방법원 2017.04.28 2016노5078

명예훼손

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor, Defendant A made the same speech as the facts charged, and G and F may acknowledge the fact that the above Defendant’s remarks were delivered in sequence, but the lower court acquitted Defendant A of the facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Illegal sentencing (as to Defendant B), the sentence (as to the penalty amount of KRW 500,00) imposed by the lower court is too uneased and unreasonable.

2. Determination

A. According to the judgment ex officio (part of the judgment of the court below as to Defendant B) prior to the judgment on the grounds for appeal by the prosecutor, according to each of the following subparagraphs: (a) Defendant B’s statement at the court below; (b) inquiry statement including the criminal records; (c) investigation report; (d) Defendant B’s statement on June 18, 2015; and (e) Defendant B’s sentence of imprisonment with prison labor for a term of six months from the Busan District Court’s Dong branch branch for the crime of attack on December 15, 2015; and (b) the judgment became final and conclusive on December 15, 2015; and (c) the crime of public conflict and the crime of this case, which became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and are determined by the sentence after examining whether to reduce or exempt the sentence, taking into account equity and the case at the same time, the part of the judgment of the court below as to Defendant B cannot be maintained.

B. Examining the evidence of this case as to the prosecutor’s assertion of mistake of facts in light of the records, the court below, based on the evidence submitted by the prosecutor, was proved to the extent that there is no reasonable doubt as to the fact that Defendant A made a statement like the description of the facts charged by phone call to G for the reasons stated in its reasoning

It is difficult to see otherwise, and there is no other evidence to prove it, and thus, the defendant A acquitted the defendant of this case on the charges of this case.