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(영문) 서울고등법원 2017.10.20 2017노1821
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance to the Defendant, where each of the instant crimes was committed by the Defendant, by pointing out false facts on about 2 months and 11 occasions near an unspecified number of members, thereby impairing the reputation of the victims who are the chief of a cooperative or an executive officer of a cooperative, or insulting them. The Defendant has three times the history of having already been punished for the same kind of crime, the victims failed to agree with the victims, and the victims want to be punished for severe punishment.

On the other hand, there is a problem in redevelopment projects or progress of the defendant's redevelopment projects, because the defendant substituted for his own crime and reflects the wrongness.

In light of the circumstances and motive that may be taken into account from the background and motive of each of the instant crimes, the victims appeared to have been dismissed from the head of the association or the executive officers of the association after the victims, etc., the circumstances that may have been revealed are favorable to the Defendant.

When there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendant’s age, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it is not difficult to deem that the sentence imposed by the lower court is too excessive and exceeded the reasonable scope of discretion.

Furthermore, the lower court conducted the instant case in accordance with the citizen participation trial procedures, and determined the sentence of the Defendant according to the majority among the sentencing opinions (five million won among the seven jurors, five million won, and two million won) presented by the jurors.

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