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(영문) 의정부지방법원 2013.05.23 2013노141
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of KRW 700,00) on the summary of the grounds of appeal is too unreasonable.

2. Even when considering the circumstances, such as the fact that the Defendant was the primary offender, the confession of the instant crime, the fact that the Defendant is against his mistake, the fact that the Defendant was suspected of larceny from other residents, and the circumstances leading up to the instant crime, and there are reasons to consider the Defendant’s dependents, the following circumstances are considered: (a) the instant case is suffering from considerable mental pain; (b) the victim is receiving punishment for the Defendant; and (c) the victim has already been sentenced to punishment for the Defendant; and (d) the punishment for the fine issued by a summary order was already sentenced at the lower court; and (e) considering all the sentencing conditions indicated in the instant case’s records, such as the background and method thereof, the age, character and conduct of the Defendant, family environment, etc., the sentence of the lower court against the Defendant is too unreasonable.

3. 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, in accordance with Article 25(1) of the Regulation on Criminal Procedure, ex officio, the second part of the decision of the court of the court below shall be changed to “victim,” and the second part shall be changed to “D” and the second end shall be changed to “D”.

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