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(영문) 광주지방법원 2013.06.07 2011노2544

상해등

Text

The judgment below

The guilty part shall be reversed.

The sentence of sentence against the defendant shall be suspended.

The facts charged of this case.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s distribution of each of the facts charged in this case is not a false fact, but is not a false fact. Even if it is not so, the Defendant was unaware of its content as a true fact, and thus cannot be deemed as obstructing the Defendant’s business by spreading false facts, etc., and the Defendant did not inflict injury upon the victim E., the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. In light of the content and nature of the instant crime committed by the Prosecutor, the lower court’s punishment (fine 1,500,000) is too unfluent and unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

In the trial prior to remand, the prosecutor: (a) of the facts charged in the instant case, the part of Paragraph (1) of Article 1 of the Criminal Procedure Act, “ from around that time to December 12, 2007, including interfering with the operation of the victim’s hospital by openly pointing out false facts and impairing the honor of the victim C; and (b) through the same method, from around that time to around December 12, 18, 2007, damaged the honor of the victim and interfered with the operation of the hospital (the substantive concurrence of interference with the operation of the hospital due to defamation and false ex officio of war). The prosecutor initially prosecuted the same as above, but at the 11th trial of the lower court, the amendment of the indictment was made as mentioned above; (c) thereby impairing the honor of the victim C by openly pointing out false facts; and (d) destroying the reputation of the victim and interfered with the operation of the hospital over 12 times from that time to December 12, 2007 by means of the attached list of crime.

Defamation, false information distribution, and power.