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(영문) 서울동부지방법원 2017.11.23 2017노1097
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not explicitly indicate false facts, and there was no intention to commit such a crime, which is for the public interest.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts or misapprehension of legal principles, it is recognized that the defendant prepared an article as if he was aware of the fact that the victim was punished for forgery of a single evidence, but he acquired the forged evidence only by 160 million won, and that he did not take any measures such as confirming judgment or confirming facts against the victim in preparing the article.

Thus, the defendant stated false facts and did not have the criminal intent.

It is reasonable to see that it is for the public interest.

The defendant's misapprehension of the above facts or misapprehension of the legal principles is without merit.

B. In light of the fact that the defendant did not have the same criminal record, but did not receive a written request from the victim, and considering all the conditions of sentencing as shown in the argument of this case, such as the age, sex, family environment, the background and result of the crime of this case, the following circumstances, etc., the court below's punishment is too unreasonable, and thus, the defendant's argument that the above punishment of this case is unfair is without merit.

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

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