(영문) 서울남부지방법원 2013.08.23 2013노894

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(영문) 서울남부지방법원 2013.08.23 2013노894

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant delivered the document of this case to the head of the management office, there is no possibility of dissemination, and the defendant has no intention of defamation.

B. Since the act of this case by the defendant is solely about the public interest, illegality is dismissed.

C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant argued the same purport as this part of the grounds for appeal. The court below rejected all of the defendant and defense counsel's assertion on the ground that in full view of the circumstances as stated in its reasoning in the part of "judgment on the defendant and defense counsel's assertion", there was a possibility that the contents stated in the document of this case could be disseminated, the defendant's criminal intent was recognized, and the defendant's act of this case cannot be deemed to be solely related to the public interest. In comparison with the records, the court below's judgment is just and it is not erroneous in the judgment of the court below

Therefore, this part of the defendant's argument is without merit.

B. In full view of the following: (a) the lower court appears to have already determined the Defendant’s punishment by taking account of all the circumstances; (b) there was no change in circumstances after the sentence of the lower judgment; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (d) various sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime was committed, the lower court’

Therefore, this part of the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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