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(영문) 울산지방법원 2017.06.15 2017노413
명예훼손
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A1’s misunderstanding of the facts revealed that Defendant A made the same remarks as the facts charged against Defendant A with respect to de facto marriage, Defendant A did not recognize the possibility of dissemination and the possibility of radio waves, the lower court erred by misapprehending the legal doctrine, thereby finding Defendant A guilty of the facts charged against Defendant A.

2) The defendant guilty of an unfair sentencing case

Even if the court below's sentence imposed on Defendant A (the penalty of KRW 3 million) is too unreasonable.

B. The punishment sentenced by the lower court to Defendant B (2 million won in penalty) is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the Defendant A’s assertion of mistake of facts, the lower court found Defendant A guilty of the facts charged on the grounds as stated in its reasoning. Examining the evidence adopted by the lower court and the reasoning of the lower judgment on this part, the lower court’s determination is justifiable, and there is no error of misunderstanding of facts or

B. The circumstances favorable to the defendants' unfair argument of sentencing: defendant A recognizes the facts themselves of the crime of this case, and defendant B shows an attitude to recognize and reflect the crime of this case.

There is no same power to the Defendants.

D. Unfavorable circumstances: The degree of damage to the reputation of the victim due to the Defendant’s instant crime is relatively heavy.

Defendant

A has been punished several times, including one sentence, two times of suspended execution, even though he/she is a dual crime (traffic crime, gambling crime, and violent crime).

In full view of all the conditions of the arguments and the sentencing indicated in the records, including the above favorable circumstances, unfavorable circumstances, the Defendants’ age and character environment, relationship with the victim, motive means of crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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