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The judgment of the court below is reversed.
Defendant
B and D shall be punished by 500,000 won, and Defendant C shall be punished by 1,00,000 won.
Reasons
1. The summary of the grounds for appeal against the Defendants (defendant A, B, and D) is too unreasonable that the lower court’s punishment (the fine of two million won for each of the Defendants, and the fine of three million won for each of the Defendants C) is too unreasonable.
2. Although the judgment was made, there was a dispute between the Defendants and the victim about the building to acquire auction
Even if there is no legitimate procedure such as a lawsuit, it should be prohibited to impair the honor of the victim and exercise the power that could interfere with the business as stated in its reasoning, and the fact that the damage to the victim is deemed to have occurred is disadvantageous to the defendants.
However, the main cause of this part of the dispute seems to be related to the right of retention on the part of the victim, and the victim is entitled to exercise the right of retention on the part of the complainant in the complaint.
On the contrary, in light of the fact that the defendants' assertion related to the right of retention against the defendants who asserted some of the lien in the first instance court of the lawsuit, the defendants' assertion related to the right of retention seems to exist. This case appears to be a crime committed by the defendants, which was not appropriate in the situation due to the defendants' assertion of the right of retention on the building awarded by auction, and thus, it appears that some of the circumstances would be taken into account, and the defendants would not have much risk of recidivism in light of the fact that the defendants meet the crime after the crime, and that there is no history of crime, and there is no record of crime exceeding the fine, and that there is no record of crime exceeding the defendant A and C in the case of defendant A, and that there is a need for additional punishment in consideration of the fact that a fine of KRW 2 million has been established in each summary order case related to defamation committed by a series of acts in this case.
It is not visible that the defendants' age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime are recorded and discussed.