beta
(영문) 수원지방법원 2015.05.27 2014노3810

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (a fine of 1.5 million won) is too unreasonable.

2. Even when considering the following facts: (a) the Defendant led to the confession and reflect of the instant crime; (b) there is no specific penal power other than the punishment imposed twice by an old fine; (c) there is no history of punishment for the same kind of crime; (d) economic situation is difficult; and (e) aged and health is not good, the instant crime is committed by pointing out false facts on the victim’s idea that he has taken his job at the victim; (c) the nature of the crime is not good; and (d) the Defendant did not reach an agreement with the victim until the trial; (c) the lower court appears to have reduced the amount of fine under the summary order (3 million won) by fully considering the circumstances favorable to the Defendant; and (d) taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., all circumstances constituting the conditions for sentencing, the lower court’s sentence is too unreasonable, and thus, is not justified.

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