2016No1420, Defamation

A

Prosecutor

Yellow-line (prosecution) and Kim Jong-chul (Public trial)

Attorney K (Korean National Assembly)

Seoul Western District Court Decision 2015Ma3079 Decided October 7, 2016

May 11, 2017

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

The sentence of the court below against the defendant (a fine of three million won) is too unfluent and unfair.

2. Determination

In light of the following circumstances: (a) the nature of the crime committed by the Defendant at the expense of the Defendant’s driving time, which uses abusive or violent violence, is not good; (b) there is no agreement with the victim; and (c) the Defendant is able to have the same criminal history as the victim; (d) however, the Defendant has committed the crime at the time of the trial; (b) the degree of violence by the Defendant was not much serious; and (c) the degree of violence by the Defendant was reduced at the time of driving; and (d) the Defendant appears to have committed any contingent crime; and (e) all of the conditions of sentencing specified in the pleadings, such as the Defendant’s age, character and behavior, and family environment, the sentence determined by

3. Conclusion

Since the prosecutor's appeal is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Judges Park Jong-dae

Judges Noh Jeong-Gyeong

Judges Kim Young-chul