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(영문) 광주지방법원 2017.05.30 2016노2048
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the point of defamation by mistake of facts and misapprehension of the legal principles on June 25, 2015, the Defendant stated only the victim’s educational background when only the victim was the victim, and thus, there was no performance, and even if there was F, etc. at the time of speaking.

Even if they are the persons with the same interests with the victim, they did not have a possibility of spreading.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. As the court below properly states misunderstanding of facts and misunderstanding of legal principles, ① in light of the fact that F makes a relatively detailed and detailed statement about the situation at the time of the Defendant’s statement and its contents, it appears that the Defendant was F, G, etc. at the time of the Defendant’s statement about the victim’s educational background; ② The victim immediately after the Defendant’s statement, “this person is so false.”

In full view of these circumstances, the performance of the Defendant’s statement appears to have existed as well as the victim and F at the time of his/her statement is recognized, since it appears that the Defendant had made a statement on the premise that the attending person remains.

One Part F is hard to say that the interest between the victim and the F is the same solely on the ground that he/she was punished by refusing to leave with the victim.

Therefore, the defendant's assertion is not accepted.

B. Sentencing is relatively minor and there is no record of punishment exceeding a fine.

However, the defendant did not agree with the victim, and the reputation of the victim was damaged before many residents, and the quality of the crime is not good.

In addition, in full view of the defendant's age, sex, environment, motive, means and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, the sentence of the court below is only within the reasonable scope of discretion and is unfair.

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