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(영문) 인천지방법원 2014.06.13 2014노795

명예훼손

Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Even if the Defendants’ statement as stated in the facts charged is true, it constitutes defamation by factually making such statement at an open place.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the indictment with the contents of the previous facts charged as follows. Since the subject of the judgment was changed by this court's permission, the judgment of the court below can no longer be maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court, so it will be examined.

3. Determination on the grounds for appeal

A. The summary of the facts charged in this case) around January 4, 2013, the Defendants conspired to commit the crime, and around January 4, 2013, at the office of the Dong-gu Incheon Metropolitan Council of Women's Women's Association, there are ten women members F, etc., and the Defendant A corrected ex officio, since it is a clerical error that “one is lost.” The Defendant did not pay money or pay money,” and Defendant B appears to have written the money to “I will have written.” Defendant B would have written the money to “I will have written, not exceeding two million won, and I would have written it into the bank,” and Defendant C would have made it clear that “I would have damaged the reputation of the victim by openly stating that I would have “I would have sold the apartment house for 00,000 won for the first time,” and Defendant C would have conspired to do so on February 19, 2013 to 300,000 won for the first time.