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(영문) 부산지방법원 2020.10.16 2020노699
명예훼손
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared to the lower court, and in full view of comprehensively taking into account the factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, etc., the lower court’s sentencing is too heavy or it is difficult to have exceeded a reasonable scope of discretion by putting the sentencing at bar.

Therefore, each of the defendant and prosecutor's arguments is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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