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(영문) 대구지방법원 2016.06.15 2015노4237
명예훼손등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case committed by the victims of false facts that the victims were discovered to have been released from the books in order to conceal their business corruption through the broadcast and posting of the false facts through apartment information media, etc., and the crime’s quality is not less and less than that of the victims.

However, when the defendant was found to have committed the crime of this case, the defendant recognized all of the crimes of this case and repented his wrongness in depth, and there is no record of crime.

At the time, the victims were likely to take out documents in an inappropriate manner, and the defendant, the chairperson of the occupants' representative meeting, was unable to refuse the victims' request to inform all occupants of these acts, and therefore, the victims led to the crime of this case.

In addition, in full view of the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, it is judged that the sentence imposed by the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 307(2) of the Criminal Act regarding criminal facts, the choice of punishment, and Article 70(2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (the point of defamation through an information and communications network), and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.

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