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(영문) 대전지방법원 2015.09.03 2014노3553

명예훼손

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles on September 3, 2013 and September 7, 2013, Daejeon Dong-dong 102, 211 mail boxes, commercial buildings, and children’s playgrounds’s residents, etc. (hereinafter “instant leaflet”).

The contents indicated in the lower judgment do not constitute false facts, and even if they correspond to false facts, there are considerable grounds for the Defendant to believe that they are true, and since the former part of this case was distributed for the benefit of apartment residents as the representative, illegality is excluded. 2) The sentencing of the lower court on unreasonable sentencing (fine 700,000) is too unreasonable.

B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t

2. An ex officio determination prosecutor filed an application for amendments to a bill of amendment of an indictment stating that “the occurrence of a difference of KRW 640,000,000,000,” among the facts charged, is deleted. Since this court permitted this and changed the subject of the adjudication, the judgment of the court below was no longer maintained.

In addition, the Defendant’s act of distributing the former part of this case on September 3, 2013 and September 7, 2013, like the facts charged at the time of the original adjudication, as the act of impairing the honor of the victims by each one act, is an ordinary concurrent relationship.

Nevertheless, the lower court deemed this as a concurrent crime under the former part of Article 37 of the Criminal Act and applied the Act on the Determination of the Number of Crimes. In this regard, the lower judgment was no longer maintained.

However, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court.

3. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. Determination 1 on the part related to the limitation on bidding by painting construction firms) The Defendant’s summary of the facts charged is the resident of the Dae-dong, Dae-dong, Daejeon-dong, 102, 211, and children’s play, around September 3, 2013.

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