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(영문) 창원지방법원 2014.01.23 2013노1747
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for six months of imprisonment, and eight hours of community service order) is too unreasonable.

2. The judgment of the court below is recognized that the defendant committed each of the of the crimes of this case and returned the village funds embezzled, but the defendant again committed the defamation of this case despite the fact that the defendant had the record of receiving a fine as the crime of defamation, and that the embezzlement amount was returned only after the fact that the amount of embezzlement was considerably equivalent to 10 million won, and that the defendant returned the amount of embezzlement after being at issue of this case, and other all of the sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of each of the crimes of this case, and circumstances after the crime, etc., the sentence imposed by the court below is deemed reasonable and too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

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

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