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(영문) 부산지방법원 2014.06.12 2013노2697

명예훼손등

Text

The first judgment and the second judgment of conviction are reversed, respectively.

Defendant 70,000 won.

Reasons

1. Summary of grounds for appeal;

A. In full view of all the circumstances acknowledged by the prosecutor’s (the part of acquittal in the second judgment) and the prosecutor’s evidence submitted, the fact that the defendant inflicted a bodily injury on D was recognized on June 20, 2012. On the other hand, the part of the second judgment that acquitted the defendant of this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.

B. The punishment of the second instance court (hereinafter referred to as a "fine 300,000 won") on the ground that it is too unfasible and unfair.

B. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the Defendant did not have distributed “allimbook” (7 paper No. 14) to the Defendant’s criminal facts of the first instance judgment, and the Defendant distributed “allimbook” (18 paper No. 18 paper paper) to 45 households in the case of the crime of defamation of paragraph (2) of the second lower judgment (hereinafter “the crime of defamation of paragraph (2),”) but there was no fact that the Defendant distributed “allimbook” (18 paper No. 18 paper paper) to 224 households in total, and posted a notice on the remaining 179 households among the 224 households, and on each bulletin board of the elevator located in the entrance bulletin board and six (6) apartment. The information distributed to the above 45 households is true and is related to the public interest and thus, the illegality should be denied. However, the lower court that found the Defendant guilty of each of the facts charged, erred by misapprehending facts or by misapprehending legal principles, thereby affecting the conclusion of the judgment

B. On May 25, 2012, there was no fact that the Defendant, among the judgment of the second court of the judgment on conviction, had 3 to 4 times knives of D on May 25, 2012, it was erroneous in the judgment of the second court that found the Defendant guilty of this part of the facts charged, thereby

2. Determination of the Prosecutor’s assertion of mistake of facts (the part of acquittal in the second judgment of the lower judgment) (the summary of this part of the facts charged is as follows: (i) around 10:00 on June 20, 2012.