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(영문) 창원지방법원 2017.10.11 2017노1686
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court: (a) repeatedly committed each of the instant crimes even after the Defendant was punished by a fine due to the injury of the victims, etc.; (b) took into account the circumstances that the victims seem to have suffered serious mental distress; and (c) the fact that there was no record of punishment exceeding the fine after having been sentenced to imprisonment due to the charge of forging the official document in 2002; and (d) determined the sentence by taking into account the Defendant’s age, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The Defendant mainly contests the sentencing of the lower court to the effect that the time of community service order as prescribed by the lower court was mitigated, and asserts that it is difficult to implement the community service order as it is not good due to mental disorder, etc.

However, solely for these reasons, it is difficult to see that the sentencing of the court below is unfair because it is too unreasonable, and that the sentencing conditions have changed in the trial at the same time.

There are no circumstances to see.

Therefore, the defendant's above assertion is rejected.

3. In conclusion, 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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