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(영문) 춘천지방법원 강릉지원 2017.12.21 2017노458
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant only put the cosmetic in the wall, not the face of the victim, but also went with the Defendant’s shoulder and arms.

Nevertheless, there is an error of mistake in fact in the court below that recognized that the defendant was faced with the damaged cosmetic face and the victim was faced with excessive injury, such as the defendant.

B. The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the victim clearly stated in the police that “the Defendant was faced with a cosmetic her face to her face” (specific statement content: on December 2014, 2014, the Defendant called for drinking alcohol to “the Defendant has a knife to kill the victim and his/her children.”

Therefore, the defendant was faced with the preparation for escape.

The defendant laid his own cosmetic as a face of the damaged person.

The victim was a knife that knife what is expected to be knife in the table.

knife arises with Defendant shoulder;

No circumstance exists to suspect the credibility of the above statement.

Defendant

In addition, the prosecutor recognized the "the fact that he was in the form of plastic cosmetics and was in the form of the victim's head."

In full view of these points, the fact that the defendant was faced with cosmetics in the victim's face and the victim was faced with excessive points can be recognized.

Therefore, the argument of mistake is without merit.

B. As to the wrongful argument on sentencing, the Defendant appears to have a mental disorder, such as alcohol dependence, and it appears to have affected the crime.

On the other hand, the defendant was sentenced to a suspended sentence for committing a crime that defames the victim by pointing false facts immediately after the divorce.

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