logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.22 2015노2004
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the victim made a statement as if he embezzled the female conference fund at the time and place of the decision of the defendant, but the victim’s embezzlement was true and made such statement for the public purpose of the defendant’s proper operation of the female conference.

Nevertheless, the court below erred by misunderstanding the facts charged or misunderstanding the legal principles.

B. Even if the court below found the Defendant guilty, the sentence of the court below (hereinafter referred to as a fine of three million won) is too unreasonable.

2. Determination

A. The lower court determined that the Defendant’s act cannot be deemed to be for the public interest in light of the background of the Defendant’s statement, its contents, and the degree of defamation suffered by the victim who had served for the female meeting, etc., as well as the fact that the execution of the Fund was not executed with the victim’s own mind prior to the Defendant’s general affairs, but was conducted with prior discussions or with the consent of ex post facto consent from the female members, by evidence of the judgment. The lower court determined that “The Defendant’s act cannot be deemed to be for the public interest, in light of the background of the Defendant’s statement, its content, and the degree of defamation suffered by the victim who served for the female meeting.

B. Although there is no record of criminal punishment heavier than the suspension of qualification for the defendant on the assertion of unfair sentencing, the defendant is not guilty, the defendant does not repent with the victim, the court below has already decided the punishment in full consideration of the above circumstances, and there is no change of circumstances that differs from the original court and the punishment, and other factors constituting conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime of this case, and circumstances after the crime, etc.

arrow