logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.26 2016노1559
명예훼손등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (3 million won in penalty) is too unreasonable.

2. The following circumstances are that the Defendant prepared and distributed printed materials, without verifying the authenticity of the Defendant’s judgment, in which the Defendant anticipated the victims to have a false statement on several occasions, and the degree of defamation and insult of the victims is not less exceptionally, and that the Defendant did not agree with the victims.

However, in full view of the following circumstances: (a) the Defendant is deeply against the instant crime; (b) the FF trade union to which the victims belong prepared a document that slanders the Defendant first, and (c) the Defendant prepared a document that defames the Defendant by reflects it; (b) the Defendant suffered from Teinson’s disease from 2012 and then reported a situation that is difficult to move due to brain disease; (c) the Defendant also maintains his livelihood with the support of the next higher class; (d) the Defendant has been punished by a fine of seven times which occurred before and after 17 years ago; and (e) the Defendant’s age, environment, family relationship, circumstances leading to the instant crime; and (e) other various circumstances that are conditions for sentencing as indicated in the record, such as the following: (a) the sentence of the lower court is too unreasonable because it is excessively unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 307(2), 311, and 30 of the Criminal Act concerning criminal facts, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Attraction of a workhouse;

arrow