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(영문) 창원지방법원 2017.06.29 2017노207
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is unreasonable because the punishment (500,000 won) of the original judgment is too unhued.

2. On the other hand, the judgment of the court below is based on the following facts: (a) the defendant denied the crime at the court below; (b) the place and object of defamation remarks are likely to inflict damage on the defendant; and (c) the failure to reach a complete agreement; (d) however, considering the favorable reasons for sentencing; (b) the defendant’s age, family relationship; (c) economic situation; (d) background and motive leading to the crime; and (e) the records and arguments of this case, the prosecutor’s assertion is without merit.

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

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