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(영문) 광주지방법원 2012.07.13 2012노334

명예훼손등

Text

The judgment below

The part on defamation is reversed.

A defendant shall be punished by a fine of 700,000 won.

Reasons

1. Summary of grounds for appeal;

A. As to the insult, the J was at the site of the instant security guards, and there was a performance.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. As to defamation, the Defendant and victim I shall hold a general meeting on March 1, 201, under the condition that I notify each agenda at the ordinary meeting of the general meeting and do not raise any objection if there is any notification, at the time of the general meeting of the general meeting, and shall revise the bylaws to elect executives.

‘The fact that there was consultation on the point that it did not reach the final agreement.'

Nevertheless, the judgment of the court below which acquitted the Defendant of this part of the facts charged on the ground that such agreement is true, is erroneous and adversely affected by the judgment.

2. Determination

A. As to insult, the summary of the facts charged in this part of the facts charged is null and void at the entrance of the sixth floor of the Korean clan Center in Gwangju-gu, Dong-gu, Gwangju on March 1, 201 at the general assembly of March 1, 201, the victim F and G.

For the reason that he had tried to attach a '' inducement, the victim F was pushed down, and the victim was openly insultingd by saying, “I am, Chewing, two-years, two-years, and widths followed by the subject of this year,” which read, “I am, two-years, and the subject of this year.”

2) The lower court rendered a judgment on the grounds of the F and J’s written statement in each of the lower court, on the grounds that it is difficult to recognize the public performance of the Defendant, on the grounds that the Defendant was not guilty on the grounds that there was no person other than G, the victim’s child at the time of the Defendant’s taking a bath to the victim. 3) The burden of proof for the facts constituting the crime prosecuted in a criminal trial is the prosecutor, and the conviction that the facts charged are true to the extent that there is no reasonable doubt