출판물에의한명예훼손
Of the judgment of the first instance court, the guilty part against Defendant A and the part against Defendant B shall be reversed, respectively.
Defendants.
1. Scope of adjudication and summary of grounds for appeal;
A. The court of first instance rendered a judgment of acquittal only for the violation of defamation by publication of June 30, 2005 among the facts charged against Defendant A, and only the Defendants appealed against the judgment of the court of first instance. As such, the part which the court of first instance rendered a judgment of acquittal against Defendant A is determined separately, and the part which the court of first instance rendered a judgment of acquittal against Defendant A is determined by each publication of Defendant A, and the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) of Defendant B is subject to the judgment of this court.
B. The gist of the grounds for appeal is misunderstanding of facts or misunderstanding of legal principles (not only is it false, but also there was no intention or purpose of defamation against the Defendants at the time). 2. Prior to the judgment on the Defendants’ grounds for appeal ex officio, prior to the judgment on the grounds for appeal by this court, the prosecutor maintained the original facts charged as the primary charges and maintained them as 3.5.
(2) the following 3.B.
Since the subject of the judgment was legally changed by this court after filing an application for permission to amend a bill of indictment with the addition of the ancillary charges, such as the foregoing, the guilty portion in the judgment of the court of first instance cannot be maintained any more due to the subsequent changes in circumstances.
However, despite the above reasons for ex officio destruction, the defendants' assertion of mistake of facts as to the primary facts charged is still subject to the judgment of this court. Thus, we examine the legitimacy of the primary facts charged and the ancillary facts charged, including each of the above arguments by the defendants.
3. Main facts charged and ancillary facts charged;
A. The summary of the primary facts charged is as follows: Defendant A and the Chairman of the D Boology Research Council and E. B.