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(영문) 수원지방법원 2020.08.20 2020노2007
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the crime of this case and reflects his mistake, that the defendant is aged and has no other criminal record except twice a fine in the 1970s, but it seems that it had already been considered in the sentencing of the court below.

On the other hand, the crime of this case is likely to seriously defame the victim by pointing out false facts that the defendant cannot join the victim, and the nature of the crime is extremely bad, and the mental impulse of the victim seems to have been considerable due to the crime of this case. The defendant denied the crime of this case, and the defendant did not make such remarks when he was investigated in the first case, and submitted a record of the record, and only when he was requested to do so, the defendant did not have been used from the victim. In full view of various sentencing conditions shown in the records and arguments, including the equity, career, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime of this case, etc., the punishment of the court below against the defendant cannot be deemed unfair.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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