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(영문) 서울중앙지방법원 2014.05.29 2014노1192
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 80,000 won) of the lower court’s sentencing (e., 80,000 won) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant was in depth of his mistake, that there was no history of punishment of imprisonment without prison labor or any heavier punishment for the defendant since 194, and that the defendant was unable to receive his claim against the same parent E for several years, and that there was a complaint regarding the consultation of the victim's inherited property on the part of the defendant.

However, although a summary order of KRW 1.5 million was issued, the court below sentenced to a fine of KRW 80,000,000 in consideration of the favorable circumstances for the defendant, and there was no change in the circumstances or circumstances that may be newly considered in the sentencing after the court below sentenced the judgment of the court below, and the defendant did not take any measures for the victim's recovery from damage until the court of the trial, taking into account the following circumstances: Defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records of this case, it is not recognized that the sentence imposed by the court below is too unreasonable. Thus,

3. Conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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