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(영문) 대전지방법원 2018.06.07 2017노3382
명예훼손
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. In full view of the favorable circumstances such as the Defendant’s motive and circumstance, means and method of the instant crime, the circumstance before and after the instant crime, and other circumstances, such as the Defendant’s age, sex, career, and environment, the lower court’s punishment is too unreasonable, and thus, is deemed unfair.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for the Judgment of the court below in other words, the summary of facts constituting a crime and evidence recognized by the court below is identical to each corresponding column of the judgment of the court below, except for the addition of “the Defendant’s oral statement at the trial of the court of first instance” to the summary of the evidence as stated in the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the Criminal Procedure Act shall be determined in full view of the various circumstances as seen above.

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