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(영문) 수원지방법원 2017.06.15 2016노692
명예훼손
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment, one year of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant’s statement as stated in the lower judgment appears to have been a large number of people including reporters, and it appears that the dissemination of the statement would not have been written. In light of the situation at the time, the degree of defamation caused by the victims’ above statement cannot be less than that of the victim, and the fact that there was an agreement with the victims or that the victims did not seem to have been restored to the victim’s damage, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized and reflected his crime, and that he tried to recognize and correct that his remarks were wrong after the case is favorable to the defendant.

In full view of all the sentencing conditions indicated in the records of the instant case, including the aforementioned various circumstances and other circumstances, such as Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, it is difficult to view that the sentencing of the lower court is too heavy or unreasonable. Therefore, each of the aforementioned arguments by Defendant and the prosecutor are without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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