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(영문) 부산지방법원 2013.08.16 2013노927
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of three million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. It is recognized that the instant crime was committed due to incombustibility between the same apartment residents, and there are circumstances to consider the circumstances, and that the Defendant has no economic ability due to the aged women of 70, and that it is difficult to carry out family conditions.

However, the crime of this case was committed again even though he was sentenced to a fine of one million won by the Busan District Court on December 8, 2009, which committed the crime of insult on the following grounds: (a) it appears that the defendant sentenced a punishment more mitigated than a summary order (fine of five million won) by taking into account the above favorable and unfavorable circumstances of the defendant; and (b) it appears that the defendant sentenced a punishment more mitigated than a summary order (fine of five million won) by taking into account all other circumstances, such as the defendant's age, environment, occupation, family relation, etc., which are the conditions of sentencing as shown in the records, the sentence of the court below is unreasonable.

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

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