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(영문) 서울중앙지방법원 2015.06.04 2014노5276
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s assertion of mistake of facts or misapprehension of the legal principles is not a false fact, it should be pronounced not guilty, the lower court found the Defendant guilty of all the charges by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The lower court’s sentence (700,000 won of fine) against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. According to the instant indictment as to the assertion of mistake of facts or misapprehension of legal principles, in full view of the evidence duly adopted and investigated by the court below as to the argument of mistake of facts or misapprehension of legal principles, the court below's judgment that found the Defendant guilty of the instant charges is just, and it is not possible to fully recognize the facts constituting the crime in the judgment of the court below, such as the fact that the victims raised a false accusation within the elevator, ② that the victims submitted the apartment management plan, ③ that the CCTV was spreaded (the part claiming false facts on the grounds of the instant appeal is about the circumstance, and it is clear that the Defendant was not the part claiming false facts, and thus the part claiming false facts was not the part claiming false facts, and that the whole facts were publicly known as false facts. Accordingly, the court below's judgment that found the Defendant guilty of the instant charges is justifiable, and there is no error of mistake of facts or misapprehension of legal principles as alleged by the Defendant.

B. In light of the background and method leading up to the instant crime, the degree of damage, the circumstances after the instant crime, and other circumstances that form the conditions for sentencing as indicated in the records, such as Defendant’s age, career, character and conduct, family environment, the lower court’s sentence against the Defendant is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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