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(영문) 서울중앙지방법원 2015.11.06 2015노3412
명예훼손
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ assertion of mistake of facts and misapprehension of legal principles is all true, and the Defendants indicated facts for the public interest and thus the illegality is dismissed.

Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misapprehending the facts and by misapprehending the legal principles, which affected the conclusion of judgment.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendants' reputation of the victim company is recognized by pointing out false facts as stated in the judgment below.

In addition, as long as the contents stated by the Defendants are false, there is no room to apply Article 310 of the Criminal Act to the Defendants’ act of illegality.

We cannot accept this part of the Defendants’ assertion.

B. As to the Defendants’ assertion of unfair sentencing, defamation against the victim company has continued for a long time; the Defendants repeated the instant crime even though they had the history of criminal punishment for the same kind of crime; there is no change in circumstances that should reduce the punishment in the trial; and in full view of all other circumstances, including the Defendants’ age, character and conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is unreasonable.

The above assertion by the Defendants cannot be accepted.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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