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(영문) 부산지방법원 2017.12.01 2017노2675
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (1.5 million won in penalty) imposed by the court below is too unreasonable.

2. The fact that the judgment of the commission of a crime is recognized and against the victim, that the victim deposited KRW 2 million for the victim, posted a letter of apology, etc., making efforts to recover the damage, and that there is no criminal record of the same kind, etc. are favorable circumstances.

However, the lower court appears to have determined the sentence in consideration of the favorable circumstances, and there is no change of circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment, and taking into account the following circumstances: (a) the victim wants to punish the Defendant; (b) equity in sentencing with the same similar case; and (c) equity in sentencing with the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, it is difficult to see that the lower court’s sentence is too unreasonable because it is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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

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