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(영문) 부산지방법원 2018.08.16 2017노819
상해등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing a public prosecution against each defamation of the victim L of the Busan District Court 2016 High Court 2016 High Court 88 High Court Decision. In so doing, the lower court found the Defendant guilty of each defamation of the victim M in the instant case related to the commercial concurrent crimes, and did not dismiss the public prosecution on the part of the lower court.

However, although the defendant appealed to the whole guilty part, the prosecutor did not separately appeal the dismissal part of the above public prosecution.

Therefore, the part of dismissal of the above-mentioned reasoning is also subject to a trial due to an indivisible principle of appeal, but that part is already excluded from the target of a trial due to an attack and defense between the parties (see, e.g., Supreme Court Decisions 90Do2820, Mar. 12, 1991; 2008Do8922, Dec. 11, 2008); and as to this part, the conclusion of the judgment of the court below shall be followed, and it shall not be separately determined in the trial.

2. Summary of reasons for appeal;

A. The lower court found the Defendant guilty of this part of the facts charged, although it did not have any fact that the Defendant 2015, 6777 was her mother-and-child, or her mobile phone was on the floor, the lower court found the Defendant guilty of this part of the charges. In so doing, the lower court erred by misapprehending the legal doctrine.

2) Although Busan District Court Decision 2015 Dang 2015 1590 decided decided that the Defendant “two persons who received money from H” were the victims, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts.

3) Although Busan District Court 2015Hun-Ga, 1722, the defendant, on the Internet, written comments on the same contents as the facts charged, the above comments are not false in line with the truth and are related to the public interest of apartment residents.

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