(영문) 의정부지방법원 2019.11.22 2019노164

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.22 2019노164

명예훼손

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of one million won.

The defendant above.

Reasons

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant alleged a mistake of fact did not have made a statement to the effect that it impairs the honor of the victims as stated in the facts charged of this case.

However, since the court below pronounced guilty of the facts charged in this case, the court below erred by misapprehending the facts.

B. The lower court’s sentence (two million won of fine) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same purport as this part of the grounds for appeal, and the court below rejected the defendant's assertion on the ground that the defendant could sufficiently recognize the fact that he had impaired the honor of the victims by pointing out false facts that the victims have wind as stated in the facts charged in this case, as stated in the judgment of the court below, as well as the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. 2) In addition to the above circumstances acknowledged by the evidence, the court below's judgment of the court below can recognize the fact that the defendant made a false statement to the effect that the victims have wind, and therefore, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the defendant.

Therefore, the Defendant’s above assertion on this issue is without merit. The witness M of the lower court stated in the court of first instance that “The Defendant stated that “A shall inform the victim of his house” in the manner that “A shall have the wind from the place of the Ivokings,” and “the victim shall be informed of his house” is relatively specific and consistent from the investigative agency to the court of the lower court.

유사 판례

-서울북부지방법원 2020.09.11 2020노158

-청주지방법원 2013.01.10 2012노581

-광주지방법원 2015.06.25 2014노2564

-전주지방법원 남원지원 2020.02.04 2019고정29

-창원지방법원 2019.05.30 2018노1539