(영문) 부산지방법원 2014.07.17 2014노1582 | 리걸엔진

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(영문) 부산지방법원 2014.07.17 2014노1582

명예훼손등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court convicted the Defendant of attempted fraud among the facts charged in the instant case, and dismissed the public prosecution on the ground that the victim expressed his/her intent not to have the Defendant punished for defamation.

In this case where only the defendant filed an appeal against the guilty portion, the dismissal of prosecution among the judgment below is separated and finalized, and only the guilty portion shall be the object of the trial.

2. The summary of the grounds for appeal is likely to hinder the business and social activities if the defendant is subject to the suspended sentence of imprisonment, and therefore, it would be necessary to reverse the judgment of the court below (two years of imprisonment and a suspended sentence) and be sentenced to a fine.

3. The circumstances are favorable to the defendant, such as the fact that the defendant led to the confession of his crime and the misunderstanding of his mistake, that the crime of this case did not cause substantial damage to the victim because of the attempted crime, that the victim does not want the punishment against the defendant by mutual consent with the victim in the original trial, and that the defendant does not have the same criminal record.

However, the court below seems to have sentenced the suspension of the execution of imprisonment by fully considering the favorable circumstances for the defendants, and there is no change of circumstances that differs from the court below's original decision and the punishment. The crime of this case was committed by the defendant by purchasing a single-namebbbbbbbbbbbbbbbbbbbbbbbbbbbing to deliver the victim and by deceiving the victim, and it is not easy that the nature of the crime is light in light of the applicable law and amount, and other various factors that are conditions for sentencing, such as the defendant's age, character and behavior, motive for the crime of this case, and circumstances

Therefore, the defendant's assertion is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

참조조문

-형사소송법 제364조 제4항

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