logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.09.05 2019노1618
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. Unless the first instance court’s determination of sentencing is deemed to have exceeded the reasonable scope of discretion, or the first instance court’s determination of sentencing is deemed to be unreasonable in full view of the newly discovered materials in the appellate court’s appellate court’s determination of sentencing, it is reasonable to respect the first instance court’s determination of sentencing, unless there exist circumstances such as deeming that it is unfair

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were already revealed during the hearing process of the lower court and sufficiently considered. There was no new circumstance to change the sentence of the lower court in the trial, and there was considerable mental damage to the victim by broadcasting or posting a poster that damages the honor of the victim so that many residents can know, and there was a history of fines imposed several times of punishment, and the fact that the Defendant made a confession of his/her mistake, which is favorable to the Defendant, such as the Defendant’s age, character and conduct, motive, process of the crime, and circumstances after the crime, and all the sentencing factors indicated in the records and pleadings of the instant case, such as the record and pleading, do not seem to have exceeded the reasonable scope of discretion by excessively leaving the sentencing of the lower court.

Therefore, 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. It is so decided as per Disposition.

arrow