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(영문) 수원지방법원 2020.08.14 2020노1574
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

Although the appraisal of the victim's damage has yet to be fully recovered, the victim has been able to punish the victim with severe punishment until the trial is held.

Although the Defendant has no means to punish the Defendant for committing the instant crime, and there is no means to punish him/her, and the Defendant reflects his/her mistake while making a confession of the instant crime, on the other hand, (i) the details and contents of the instant crime are merely simply posted the written judgment on the victim at the request of D and the management office, which is the president of the former council of occupants’ representatives, with the name attached thereto. However, in light of the contents of the written judgment and the dispute surrounding the dispute, it is difficult for the occupant to easily confirm who is the perpetrator in the written judgment, and (ii) the degree of infringement on the victim’s reputation cannot be deemed to be negligible, and Article 307(1) of the Criminal Act provides that “a person who defames a person by publicly alleging a fact shall be punished by imprisonment with or without labor for not more than two years or by a fine not exceeding five million won.”

In addition, the issue of which person's criminal power, including a criminal power, has been subject to criminal punishment, is inevitably accompanied by the negative evaluation of that person, and thus, the social evaluation may be lowered.

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