명예훼손
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. The defendant and his defense counsel discussed each of the grounds for appeal on the grounds of mistake of facts or misunderstanding of legal principles through each of the reasons for appeal, and they did not explicitly include the grounds for appeal, and withdrawn each allegation of misunderstanding of facts or misunderstanding of legal principles only before the date of the first trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court below, and appealed for the reason that the defendant's appeal was unfair because the punishment sentenced by the court below to the defendant is too too unreasonable
Each statement was made, and it is not allowed to add the grounds for appeal after the lapse of the period for filing the appeal.
However, the judgment of the court below is judged as a ground for reversal ex officio.
Among the facts charged in the instant case, defamation by publicly alleging false facts listed in paragraph (1) and defamation by publicly alleging false facts listed in paragraph (2) are different from the date and time of each of the instant charges, and each other’s distribution of notice is difficult to view that all of the parties are the same. As such, each of the instant charges constitutes a concurrent crime, and thus constitutes a crime of defamation by each time
It is reasonable to view that the court below punished each of the charges of this case as a single crime without applying aggravated punishment for concurrent crimes. The court below erred by misapprehending the legal principles as to the number of crimes of defamation by publicly alleging false facts, which affected the conclusion of the judgment.
In this respect, the judgment of the court below can no longer be maintained.
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for reversal ex officio as above.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “1. Defendant’s trial testimony” to the first head of the evidence in the judgment of the court below, each of the relevant columns of the court below.