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(영문) 서울동부지방법원 2013.12.12 2013노889

명예훼손등

Text

All judgment of the court below shall be reversed.

Defendant

A 2,000,000 won, and Defendant B 4,000,000 won, respectively.

Reasons

1. Summary of grounds for appeal;

A. The summary of the grounds for appeal on the first judgment of the Defendants (in fact-finding, misapprehension of legal principles, and unreasonable sentencing) stated only the grounds for appeal on the grounds of appeal on the grounds of appeal. However, after the period for submitting the grounds of appeal is not timely filed, the Defendant asserts mistake of facts and misunderstanding of legal principles, and ex officio examines the arguments on mistake

1) On January 8, 2012 of the facts of the crime in the first instance judgment, the defendants believed that the embezzlement was inevitable after reviewing the accounting data related to management expenses, and even if Article 310 of the Criminal Act was applied to inform occupants for the public interest, the judgment of the first instance which found the defendants guilty of defamation was erroneous in the misapprehension of the legal principle. (2) The defendant's joint injury under paragraph (2) of the facts of the first instance judgment in the first instance judgment (the factual error, the misapprehension of the legal principle) was found from the other party and the head was flabed against the face of the victim J. The defendant's act and the flabbing of the victim G's flabbbage are acts for defending the current unfair infringement or passive acts for defending the victims, and the defendant Eul did not have any injury to the victims, and even if the fact was found to have been infringed, there was no error in the misapprehension of the legal principles as to the defendant's judgment of conviction and the judgment of the first instance court.

3) In the first instance judgment that found the Defendants guilty on January 13, 2012 of the crime of defamation as indicated in the first instance judgment, although there was no fact that the Defendants attached printed materials to the 502 main gate, there was an error of mistake of facts in the determination of the facts. 4) The first lower judgment of unfair sentencing Article 15 of the Criminal Procedure Act against the Defendants A.

참조조문