(영문) 대구지방법원 2017.12.01 2017노2593 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2017.12.01 2017노2593

명예훼손등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor, the lower court acquitted the Defendant of this part of the facts charged on a different premise, on the following grounds: (a) although it is sufficiently recognized that the Defendant, based on the fact-finding or misunderstanding of the legal doctrine (as to the portion of the crime, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (two years of suspended sentence in the month of imprisonment with prison labor) is too unfortunate and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. The lower court rendered a judgment on the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine 1) on the grounds delineated below, on the grounds that this part of the facts charged constituted a case where there is no proof of crime.

A) The following circumstances acknowledged by evidence duly adopted and examined by the lower court whether D publicly announced the 2015 budget, namely, ① the Defendant consistently made a statement from an investigative agency to the lower court to the effect that “the budget was disclosed only if the audit report was disclosed, and there was no content related to the budget in the audit report,” ② immediately after the meeting of the instant branch “4/4 regular committee meetings” held on January 28, 2015, D, the head of the branch office of the instant branch, immediately after the meeting was held on January 28, 2015, did not find any content of the 2015 budget; ③ The secretary general of the instant branch, the police, “O was made a public announcement of the results of the meeting on January 28, 2015, and made a public announcement of the audit report on the 2015 budget in the audit report,” and the prosecutor’s report to the effect that “the result of the budget compilation was made.”

유사 판례

-서울서부지방법원 2017.11.22 2017가합1387

-대구지방법원 포항지원 2015.05.29 2015고정26

-수원지방법원 2017.12.14 2017노3906

-서울행정법원 2018.04.05 2017구합60888

-부산지방법원 2017.11.16 2017노3135