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(영문) 대구지방법원 2015.12.10 2015노400
명예훼손
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The judgment of the court below which acquitted the defendant, even though the defendant found the defendant guilty by pointing out false facts, was erroneous in the determination of the court below.

2. In the trial of ex officio determination, the prosecutor added “defluence” to the name of the crime from among the facts charged in the instant case, added “Articles 311, 37, and 38 of the Criminal Act” to the applicable provisions of the Acts, and “Defendants are the members of the C Educational Assembly. At around 19:00 on March 25, 2013, the E Educational Assembly held that “H pastors are not qualified as the members of the E Educational Council, age is high, and those who will be aware of and first of all the officers in the order of one officer,” and the facts charged were modified by publicly insulting the victim H and continuously stating that “In short of the law, the Defendant is a member of the C Educational Council,” thereby making it impossible for the competent election commission to obtain permission to change the content of the E Educational Assembly to be the members of the E Educational Assembly, thereby making it impossible for the E Educational Committee to obtain permission to change the content of the Bill to be the members of the E Educational Assembly.”

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows.

【Discretionary Judgment】

1. The summary of the facts charged against the defendant is as stated in the facts charged under paragraph (2) of the above Article.

2. Determination

A. The public performance in the crime of insult or defamation is “a state in which many people can recognize it.”

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