logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.09.13 2013노1483
명예훼손
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (the fine of KRW 1,000,000 and the cost of the lawsuit) is too unreasonable.

2. The crime of this case is a matter of impairing the reputation of the victim by pointing out false facts about the privacy of the victim, and is not good.

However, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the fact that the defendant recognized the crime of this case in the trial of the party, that the victim seeks the wife of the defendant, that is the primary offender, that is, the defendant's age, character and conduct, environment, and the process and motive of the crime of this case, etc., when considering the fact that the defendant recognized the crime of this case in the trial of the party, and that the defendant's argument is unreasonable as it is reasonable.

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 following judgment is rendered again

Criminal facts

The summary of the evidence and the criminal facts of the defendant, recognized by the court, and the summary of the crime, are as stated in the corresponding column of the judgment of the court below, except for the change of “the defendant’s partial statement” in the summary of the evidence of the court below to “the defendant’s trial statement at the court of the court below”. Thus, it is

Application of Statutes

1. Article 307 (2) of the Criminal Act (Selection of Fines) in which applicable provisions of Acts and punishment are applied to facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow