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(영문) 부산지방법원 2018.12.13 2018노3130
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant repeatedly obstructed the business of the victim, who is a competitor, but did not receive a letter from the victim until now, even though he/she repeatedly obstructed the business of the victim.

In addition, the defendant not only has a history of criminal punishment, but also has been sentenced to suspended sentence due to defamation.

The lower court determined a punishment in consideration of such overall circumstances, and there is no new reason to change the sentence of the lower court in the first instance.

When comprehensively taking into account various sentencing conditions, such as the age, sex, economic situation, relationship with the victim, motive and circumstance of the crime, etc., as shown in the deliberation of the court below and the party concerned, the punishment imposed by the court below is not hot, since it was conducted within the reasonable scope of discretion.

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

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