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(영문) 대전지방법원 2015.10.08 2014노3799

상해등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles [1] 1] [2013 Godan4982 case] ① Defendant A posted printed materials on the entrance bulletin board of the M building at the entrance of the Ma building on August 1, 2013, and printed materials posted by the 25 households of each M building on August 6, 2013, and August 8, 2013 are not related to the interest and interest of residents of the M building, but for Defendant A’s own interest. As such, defamation is established as to each of the above facts charged. ② Defendant A’s duties were obstructed by the chairperson of E’s act of posting printed materials at August 1, 2013, and this act cannot be deemed as a legitimate act. Thus, the lower court erred by misapprehending the legal principles as to the facts charged, and by misapprehending the legal principles as to the facts charged, the lower court found Defendant A not guilty all of this part of the facts charged against Defendant A at the time of Defendants B and B’s act of posting materials at the end of August 1, 201, 20135.

3) According to the evidence submitted by the prosecutor, the Defendants conspired to commit an act listed in this part of the facts charged, and the Defendants’ act stated in this part of the facts charged cannot be deemed to constitute “the case concerning the public interest by mistake.” However, the lower court’s judgment which found the Defendants not guilty of this part of the facts charged was erroneous in matters of mistake of facts and misapprehension of legal principles. (b) The lower court’s punishment against Defendant A (one year of imprisonment, and one year of imprisonment with labor against Defendant A).