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(영문) 광주지방법원 2016.10.18 2016노2280
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. When the defendant was in the trial of the court, he deposited KRW 4 million to the victim J and one million to the victim F, and additionally paid KRW 5 million to the victim J, and agreed with the victim J. The defendant did not have any pecuniary profit acquired by the crime of this case and was punished by a fine by 2001, but there was no record of being punished as a crime or a crime of the same kind after 2001.

In addition, in light of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances after the crime, in particular, the sentence of the court below is deemed unfair because it is too unreasonable in light of the defendant's efforts to recover damage caused by the trial.

Therefore, we accept the Defendant’s assertion of unreasonable sentencing on the grounds of the changed circumstances in the trial.

However, as pointed out by the court below properly, since the defendant tried to exercise unfair power by forming the media, which is a social air, it is necessary to eradicate abuse of the social monitoring function of the media, which is especially guaranteed by a democratic society.

In addition, the defendant made a intimidation and injury on several occasions on the ground that he was a reporter of the newspaper company.

Due to the crime of this case, the victim J was dismissed from the workplace and received mental treatment in the workplace.

As such, the crime of this case is a crime that infringes on personal legal interests, as well as the case that is a case related to the propagation of a part of the media in the community, in addition to the agreement with the victim, the punishment should be determined by taking into account such social meaning.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

b) the evidence;

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