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(영문) 의정부지방법원 2014.12.05 2014노1176
명예훼손
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to defamation by publicly alleging false facts among the facts charged against Defendant B on or around August 2012, the court below found the Defendant not guilty of this part of the facts charged, even though according to the evidence submitted by the prosecutor, it is false fact that F and H are in a false relationship. However, the court below erred by misapprehending the legal principles on the facts charged.

B. The sentence imposed by the lower court on the Defendants (a fine of KRW 1.5 million) is too uneased and unreasonable.

2. Determination

A. Of the facts charged against Defendant B, the lower court, based on the evidence duly adopted and examined by the lower court, cannot be readily concluded that the Defendant F and H were in in inhumane relationship for the reasons indicated in its reasoning, based on the evidence duly admitted and examined by the lower court, and there is no other evidence to acknowledge this portion of the facts charged. However, the lower court found the Defendant guilty of defamation by the statement of facts related to the same crime, and thus acquitted the Defendant on the grounds of the above facts charged. In light of the records of this case and the reasoning of the lower judgment, the lower court’s judgment is acceptable, and it is determined that there was no error of misunderstanding of facts even if examining the grounds for appeal asserted by the Prosecutor.

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

B. Although the public prosecutor’s assertion of unfair sentencing is subject to punishment against the Defendants, in full view of all the circumstances, including the Defendants’ age, character and conduct, environment, developments and details leading to the instant crime, and circumstances after the instant crime, the lower court’s punishment is too unjustifiable and unreasonable.

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