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(영문) 울산지방법원 2013.11.15 2013노663
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (a fine of KRW 700,000,000, etc.) is too unreasonable.

(2) The defendant and his defense counsel withdrawn the argument of mistake of facts and misapprehension of legal principles during the second trial of this court. 2. Although there are extenuating circumstances such as the defendant's primary offender, etc., and the defendant's old age and health conditions are not good, the court below did not take account of the above favorable circumstances into account that the defendant did not receive a letter from the victim, and the court below seems to have set the sentence against the defendant by reducing the amount of punishment against the defendant more than the original summary order, and considering all the sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed unfair. Thus, the defendant's assertion is without merit.

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

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the term "criminal facts" in the judgment of the court below ex officio shall be corrected to add "F" to "victims" next to "victims" in Chapter 2.

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