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(영문) 대전지방법원 2013.10.31 2013노1359
명예훼손등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts or misapprehension of legal principles, the court below found the Defendant not guilty and found the Defendant guilty only of defamation by publicly alleging false facts and obstruction of business, which are the primary facts of this case, although the facts alleged in the name of the Defendant were all false facts and the Defendant was aware of them. However, the court below erred by misapprehending the legal principles, or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The court below’s sentence of unreasonable sentencing (the fine of 300,000 won) is too uneasible and unfair.

2. Determination

A. In full view of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below found the defendant not guilty of the facts alleged in the diskettes at the time of the instant case, or since it is not sufficient to find that the defendant was aware that it was false at the time of the instant demonstration, and there is no other evidence to find that it was false, the court below found the defendant not guilty of the facts as to the defamation by the statement of false facts, which is the primary facts charged of the instant case, and the obstruction of business due to the distribution of false facts. In light of the evidence duly adopted and investigated by the court below and the reasons stated in the judgment of not guilty portion, the court below's above determination is just and it is hard to see that there was an error of mistake of facts

Therefore, the prosecutor's above assertion is without merit.

B. The crime of unfair sentencing in this case was committed by the Defendant using a scket containing specific facts on the victim’s discharge measures before the hospital operated by the Defendant and the patient’s treatment.

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