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(영문) 수원지방법원 2013.11.14 2013노3631
모욕등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged by mistake of facts or misapprehension of legal principles, the purpose of slandering the defendant is recognized.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unhued and unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles (not guilty part) regarding the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) among the facts charged in the instant case, the court below explained in detail about whether there was a purpose of defamation against the defendant among the facts charged in the instant case, and judged that the defendant's major motive or purpose is for public interest, and since it is difficult to see that there was a purpose of defamation against the victim, it constitutes a case where there is no proof of crime. In light of the above judgment of the court below in comparison with records, the judgment of the court below is just,

B. According to the records on the assertion of unfair sentencing, the defendant found several hospitals to commit each of the crimes of this case against several victims, and the defendant has already been subject to criminal punishment several times in the same or different crimes. However, the defendant already appeared in the records and arguments of this case, such as the defendant's age, character and behavior, family environment, the background, means and result of the crime, and circumstances before and after the crime, after the victim was injured by unknownness of the cause of the treatment at the hospital operated by the victim, which was taken passive positions on the issue of responsibility by the hospital.

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