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(영문) 서울중앙지방법원 2015.01.16 2014노4504
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not impair the honor of the victim D by making the horses as indicated in the judgment of the court below, and even if such remarks were made on domestic affairs, they do not constitute defamation as they are unlikely to spread E.

B. The lower court’s sentence of unreasonable sentencing (the 1.5 million won of a fine) is too heavy.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles, the fact that the Defendant made the same speech as the original adjudication to E can be sufficiently recognized.

In addition, in full view of the facts stated in the reasoning of the judgment that the court below recognized performance, the relationship between the defendant, E, and victims, the time, place, and circumstances of the defendant's oral statement as stated in the judgment of the court below, the possibility of spreading such oral statement will also meet the requirements of the performance

Therefore, this part of the defendant's argument is without merit.

B. Although there is no criminal power on the Defendant’s assertion of unfair sentencing, the lower court has already sentenced the Defendant to a reduction of the fine amount of the summary order (3 million won), and considering the following circumstances, there is no special circumstance or change of circumstances to be newly considered in the sentencing after the lower judgment, and other various circumstances that are conditions for sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation and family relationship, it cannot be deemed that the said fine imposed by the lower court is excessively unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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