2013 Highest 2615 Defamation

Kim 00 (52 - 1)

Seoul Residence

Kim Sang-young (Lawsuits) and Yellowia (Trial)

Attorney O Jae-hun in charge of freedom of law

Attorney Park Han-hoon

January 14, 2015

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Criminal facts

Defendant, on October 31, 2012, is punished by imprisonment with prison labor for a crime of violating the Public Official Election Act in the Daegu District Court Port Support Act.

A court, which was sentenced to a suspended sentence of two years, filed an appeal and filed an appeal, which was all dismissed on July 2013.

25. The above judgment became final and conclusive.

Defendant 1 April 11, 2012 coming out in the election of the 19th National Assembly member of the 19th National Assembly, in the port south and Ulsan District.

the election is a former member of the National Assembly who has lost his or her membership due to the violation of the Public Official Election Act.

on April 8, 2012, immediately before the election of a member of the National Assembly, the victim maximum 00, who is the number of members of the National Assembly;

u. The purport that the Defendant, around July 2001, committed a sexual indecent act on himself in an officetel located in Seoul around Seoul.

and thereafter, women's organizations and members of the National Assembly from member of the National Assembly.

Defendant was received. The Defendant, on June 2012, at the National Assembly located in the Yeongdeungpo-gu Seoul Metropolitan Government National Assembly located in the House of Yeongdeungpo-gu.

The original Center shall inform the end of the above case at its office of 542 and shall explain its position.

(1) The victim was dismissed in Busan from office on the pretext of "1st day with male employees."

The piracy is a failure to make an investment that was voluntarily attempted by the husband and most of the property at the time of the husband’s death.

(3) The words of the victim who has been driving away from the company as a scarcityd day with the male.

reliance on the belief of 2, 4, the victim was only a mere fighting in the officetel, and the victim was only the victim.

Along with this, it is false that it is an indecent act of sexuality and put it into difficult for him to do so, and 5 The victim is the defendant.

3) Compensation for the site of the Marine Corps 3,000

여만원을 꿀꺽하였다 ' 는 등의 내용을 포함한 A4 용지 6장 분량의 문서 ( 이하 ' 이 사건

The document was drawn up and distributed to 290 National Assembly members on the temporary basis.

1. The defendant prepared and distributed the documents of this case. 1. The victim is not a male employee.

He was dismissed in Busan, and â…………………………………………â………â…………………………………………………

Although it was stated to the effect that the victim’s reliance on the victim’s reliance is a threat to the victim’s reliance, the Defendant’s reliance on the fact

In around 2001, if employed in Busan around 2001 and retired around 2002, the contract term shall be the year in light of the circumstances of the company.

Unexploited, unexploited has not been dismissed from office with male employees.

2. The Defendant prepared and distributed the instant documents.

The failure to make an investment indicates to the effect that it was 'the most of the property at the time of her husband's death; however, it stated to the effect that:

In fact, the victim is the husband of the victim, Kim * in 1995, the victim was the victim's husband, the victim's 3 Dong in Busan in 190.

In most of property, such as holding an officetel located in Nam-gu and Busan-dong Blue-dong Office, etc.

did not have any such fact.

3. The Defendant prepared and distributed the instant document, and (4) simple body fighting within an officetel.

It was only the victim, and the victim made a false statement as a sexual indecent act and put himself into a difficult situation.

C. A statement to the effect that “,” was made, but the fact was about July 2001 the officetel located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

Madernity, such as covering the body of the victim who has been pantyed in a state of panty only, and covering the body of the victim;

There was no false statement about the victim's sexual indecent act because of the fact that the victim had committed a sexual indecent act.

4. The defendant prepared and distributed the documents of this case.

마디 상의 없이 해병대 부지 보상금 3천 3백여만원을 꿀꺽하였다 ' 는 취지로 적시하였

However, the above site for the Marine Corps was legally donated to Kim Jong-, the victim of the Marine Corps, Kim Jong-, the victim of the Marine Corps, and the foregoing year.

There was no embezzlement due to the right to receive the compensation for the sick site.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Each legal statement of the witness most 00, 00, 100, 100, 200, 200, 300, 30 MaMaMaMaMaMa MaMaMa

1. Each prosecutor's interrogation protocol on the maximum 00, Kim Ma-Ba

1. The statement made by each prosecutor of the prosecution with respect to the maximum of 00, 00, 00

1. A4 document 6 pages A4, Busan counseling center for sexual assault in Busan, each closed register certificate, and each complaint;

1. Previous offense: Defendant’s legal statement, etc.;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 307(2) of the Criminal Act, Selection of Imprisonment

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

Defendant and defense counsel: (1) The Defendant expressly stated that 290 National Assembly members are friendly.

Since the document of this case was delivered, there is no performance, and ② the entries in the document of this case are false.

In addition, since the defendant did not recognize it falsely at the time, the defendant did not know it falsely, it was false.

The Si asserts that the crime of defamation is not established.

2. Facts of recognition;

In addition to the whole purport of the evidence duly admitted and examined by this Court, the following:

Recognizing the same fact.

A. The Defendant was born to three South and North Korea between the father (the father) Kim % and the mother (the mother) 00, and the mother (the mother) 3 South and North Korea;

The first Kim & Kim are residing in the U.S., second Kim Ma is married with the last Medi Kim Ma, 1982, who was married with the last Medi Ma.

As a result of death relationship, South Korea actually served as the husband of the victim Kim * * Fourth, the victim's husband.

In March 13, 1995, the victim and the victim were dead in the status of 2 South Korea, such as Kim Ma-Ma and Ma-Ma.

B. The victim, upon introduction by the defendant, worked in Busan at the time from June 1, 2001 to May 31, 2002.

Defendant: (a) was admitted to high school by Kim Jong-, the injured party, Kim Jong-, and (b) was not graduated from the first half of 199.

It is difficult to transfer KRW 300,000 per month to private teaching institutes expenses for about 29 months until the second half of 201.

Note 88.

On the other hand, on June 24, 1997, after the husband's death, the victim's land and housing (hereinafter "the plaintiff") in Busan City on June 24, 1997

The site and housing of this case were acquired, and at the request of the tenant, 2001.

11. 12. Upon receipt of a decision to commence compulsory auction, the defendant requested assistance from the defendant, and the defendant

For the purpose of giving a credit loan of KRW 50 million from a bank on April 23, 2002 to a victim, and then delivering it to the victim

The decision to commence the auction was withdrawn. Also, following the pass of Kim MaMa University Kim Ma, the defendant around April 2002.

Kim MaMa-sung's scholarship was awarded.

C. On March 7, 2003, the defendant lent to the victim the above 50 million won as the secured debt.

The right to collateral security was established in the name of Kim Jong-young, a woman living together in the site of the case and the house, and thereafter this history was thereafter established.

On August 27, 2003, with respect to the building site and housing, the auction procedure has been initiated by the party's voluntary decision to commence auction.

However, in the above auction procedure, Kim Jong-tae did not have been distributed at all.

On the other hand, on June 3, 2003, the maximum percent of the victim's pro-Japanese relationship was committed on the other hand.

(d) The victim shall visit counseling centers for sexual assault on August 19, 2003: 00 to 15: 45; and shall appoint a counselor by visiting counseling centers for sexual assault;

00 counseling with 00 persons, and the attorneys-at-law office that introduced sexual assault counseling centers to the victims before and after the counseling;

The office chief, the office chief, consulted three times on behalf of the victim.

In addition, the defendant's sexual indecent act against the defendant's mother 00 around the second half of 2003.

The defendant's brothers and sisters became aware of this.

E. The Defendant went out on April 2004 to the election of the 17th National Assembly members, which was conducted on April 2004. Damage.

A person shall pass only once the defendant at the time of his/her infantity.

그 후 피해자는 2005 . 1 . 남편인 김 * * 의 사망보상금 중 피고인이 가로챈 것으로 생

In order to receive KRW 300 million each, the defendant who is in the Dong Seoul, with his own son Kim MaMa and MaMa

at the time, the defendant, his wife, MaMa Ma, the victim, and Kim Ma MaMa who are his children, visits to his residence.

The contents of harmony were recorded by the injured party.

The victim and the defendant visit the Seoul Yangcheon Police Station together on the same day to the defendant.

In the case of embezzlement of KRW 300 million for death, the husband Kim * The result of the investigation.

On June 14, 2005, "a disposition was made against the defendant".

(f) the 19th National Assembly member election held on April 11, 2012 by the Defendant, approximately seven years ago;

The defendant goes out with the official ceiling of the House Party, and the victim shall go out on April 1, 2012, Kim & Kim, Kim Gyeong, and MaMaMaMa MaMaMaMa.

만나 피고인이 가로챈 남편 김 * * 의 사망 보상금 1억 2 , 000만 원의 지급을 요구하였으

B. After four days thereafter, the defendant's side rejected it.

Accordingly, the victim was aware of the Defendant's indecent act in the Unified Democratic Party at the time of the time.

B. It seems that it would not be controversial before the election day, 5), and again, in the district in which the defendant was going out.

In January 2005, at around 2005, the support rate of the defendant was 2 different from that of the defendant at the time.

The defendant informed the defendant of his sexual indecent act together with a record of the conversation made by the defendant, etc.;

After that, on April 8, 2012, the victim committed an indecent act against himself by the defendant as an intermediary on the candidate's side on April 8, 2012.

The author made a reply to the contents.

3. Determination

A. Legal doctrine

(1) For the purpose of establishing the crime of defamation under Article 307(2) of the Criminal Act, the fact is publicly known to the offender.

of the person's social evaluation, in a manner that would decrease the person's social evaluation;

corporation, and the offender must be aware that such facts are false, and the alleged facts are identified.

in determining whether the facts are false, the purport of the whole of the alleged facts shall be examined.

In addition, there is a little difference from the truth or somewhat exaggerated expression in the contents.

, if the material part is not consistent with objective facts, it shall not be deemed false, but if the material part is not consistent with objective facts

It should be seen as false. Furthermore, whether the actor recognized that the matter was false

Whether or not it is difficult to know or prove it outside due to its nature, and the content and Gu of published facts

The basis for the existence and content of the evidence, the source of the fact alleged by the defendant, the process of acknowledgement, etc.

the defendant's educational background, career, social status, details and time of publication, and the strike expected by the defendant;

The purpose of crime is to be determined by comprehensively taking into account various objective circumstances, such as the sudden effect, and the intention of crime is to be determined

The so-called so-called negligence, which is an intention to recognize the occurrence of a result as well as an intentional act;

Since the crime of defamation by false representation also includes an intentional act, the crime of defamation by false representation also constitutes willful negligence.

(see Supreme Court Decision 2013Do12430 decided March 13, 2014, etc.).

(2) The prosecutor must actively prove that the alleged facts are false, and the alleged facts are identified.

The crime of defamation by false representation is committed solely on the basis that there is no proof that the facts are true;

In other words, in determining whether or not the above burden of proof has been fulfilled, any fact

The proof of the existence of such a fact as well as the proof of the absence of such a fact must be specified;

If there is a absence of a specific act at a specific place, the prosecutor who is the active party

for the purpose of proving it without reasonable doubt, but not specified period and space;

It is not possible under generally accepted social norms to prove the absence of a fact that has not been embodied in this section.

If it is more easy to prove that the existence of such fact exists, so such circumstance is by the prosecutor.

In determining whether the burden of proof has been fulfilled, it shall be taken into account, and accordingly, it shall be subject to suspicion.

affirmative action that a person asserts that he/she was not aware of his/her suspicion

person claiming such fact shall be liable to present prima facie evidence acceptable to the existence of such fact.

The prosecutor shall be able to prove the existence of false facts in such a way as to conceal the credibility of the presented data.

However, the supporting material to be presented at this time is not sufficient to simply present a question.

to the extent that it is possible for the prosecutor to prove that the prosecutor is false, and this

When there is no presentation of such materials, or when the credibility of such materials is impeachmentd, false facts;

public responsibility (see Supreme Court Decision 2006Do7915 delivered on November 13, 2008, etc.).

B. Specific determination

(1) As to the public performance

Public performance, which is a constituent element of defamation, is in a state in which many and unspecified persons can recognize it.

The Defendant distributed the instant documents to 290 National Assembly members. As seen earlier, the Defendant distributed the instant documents to 290 National Assembly members.

As a result, it is reasonable to 290 members of the National Assembly per se to see that they are " majority, which is the requirement of performing".

The defendant and his defense counsel's assertion that does not need to be examined further is without merit.

C. Supreme Court Decision 2010Do14037 Decided February 28, 2013 and Seoul High Court, which is the lower court, shall be September 2010.

30. See, e.g., Supreme Court Decision 2010Do496, supra)

(2) As to the facts constituting a crime (1), (3)

In addition to the whole purport of the evidence duly admitted and examined by this Court

The following circumstances, i.e., ① the head of the small loan team of the victim in Busan at that time;

The preceding 00 persons present in this Court as a witness and have been employed by the male staff at the time when the victim was serving.

There was no unexpected reason, and there was a need to reduce the size of the small loan team in the circumstances of the company at the time.

In fact, it is difficult to determine whether the victim's actual performance is good and not, even if the victim's actual nature is a woman.

(50 microcredit teams at the time of the victim's service, excluding victims, shall be all male employees.

The victim stated that the victim was dismissed due to the former relationship, and any status of 00,000.

The above statement in light of the circumstances where there is no special reason to prove 00 persons without interest;

Korea shall have a very strong credibility, and 50 persons among the 50 microcredit teams at the time when the victims actually work.

In addition to approximately 41 years of age, the rest of male employees, except for the victims who were 41 years of age, shall both be 20 persons first or 30 persons first.

In contrast, considering the age between the above employees, the victim was not in favor of other employees.

Along with the fact that it is difficult to believe that there is a significant relationship, and the Defendant, at the time of investigation by the prosecution, has been conducted by the prosecution.

It is confirmed that the victim was dismissed from office through the KimMo-mo president of the headquarters of the Lao Group.

The claimant alleged that the name was not specified at the time, but that it was in this court.

동일한 주장을 하면서 김모 사장을 김■■으로 특정하여 그의 확인서를 제출하였는바 ,

Even in accordance with the contents of the above certification, the group's high-ranking part shall be subject to personnel issues of the horse staff.

Inasmuch as the content of the hings is written to the effect that it cannot be memoryd, the victim itself is a victim.

It cannot be readily concluded that a male employee has been dismissed as an influent day between male employees.

In full view of the records, the victim is not influence with male employees as described above, ①, ③.

It is reasonable to see that the dismissal was made in A, and the content and existence of the above facts;

The existence and content of the supporting material, based on the source and awareness of the fact alleged by the defendant, etc.

The academic background, career, social status, details and time of publication of the deceased, and the expected ripple effect on the deceased.

Comprehensively taking account of the various objective circumstances, it is reasonable to deem that the Defendant was also aware of the falsity.

The defendant and his defense counsel's assertion on this part is without merit.

(3) As to the crime (2)

In addition to the whole purport of the evidence duly admitted and examined by this Court

The following circumstances: 7 The victim is Kim* the victim* on March 13, 1995, who was her husband, Kim* the victim*.

Busan Youngdo-gu Busan, the real property of which is 00 mando-dong 707 and Obbbba-dong, Nam-gu, Busan.

He legally inherited the telecom with his children, Kim* is a seafarer, and the victim is a family owner.

of a large amount of property not deemed to have been formed in the course of married life;

Victim in light of the circumstances where there was such real estate as above at the time of his death * The Victim

Kim* That is, most of the property cannot be deemed to have been buried before the death of the defendant, and ④ The defendant is the victim.

Most of the property at the time of her husband's death due to a failure of investment that has been voluntarily attempted.

in support of the defendant's proof that the defendant submitted a single entry of the $$ 10,000 for Kim, but the statement of the victim

Kim** The part related to the deceased is date after March 13, 1995, the death day, and therefore, it is not reasonable in itself.

In full view of the fact that the victim has attempted to do so like the description 2.

It is reasonable to see that most of the property was put into place at the time of husband’s death, and the above provision is false.

(2) The details of the facts such as the facts, the existence and content of the supporting material, and the withdrawal of the facts alleged by the defendant.

In full view of various objective circumstances based on the wife and the background of recognition, the recognition that the defendant is false;

Since it is reasonable to see that the defendant and his defense counsel did so, this part of the argument is without merit.

(4) As to the crime

In addition to the whole purport of the evidence duly admitted and examined by this Court

In full view of the following circumstances, the defendant was located in the Young-gu Seoul Metropolitan Government Young-dong around July 2001.

Hashes shall cover the body of the victim who was sitting at the time in a panty panty in the panty.

Since it is reasonable to see that a sexual indecent act, etc. was committed, it is merely possible to see that such act was committed in officetels as described.

The body was only fighting, and the victim made a false statement as a sexual indecent act.

Since the defendant is also aware of this, the defendant's and his defense counsel's assertion on this part is without merit.

(A) At the time of the police investigation, the victim "I panty only after the defendant left shower in an officetel."

Sheed and covered by both arms, being sweld and sweld next to the bed while being sunken.

The Defendant attempted to kis, and scam scam scam, and scam scam scam.

B. Upon avoidance of this, the author has left his book with his hand. They may see that the entry is free, thereby making a speech.

In addition, ‘Agrbi' had been called ‘Agrbibibibi?', the Defendant continued to do so.

She tried to make a lush and lush the upper lush of the chest (brut) and the upper lush (brut) first of all, 100

On the other hand, the liquor tax was called ‘Abrupt', so that the defendant unfolded the chests that he had divided.

No. 1. The clothes of the defendant and children of the defendant, who are swelved, sweld, sweld and sweld (not first).

It is how to see each other's faces, and (b) so 30 minutes so that 30 minutes of such face and dialogues.

The defective defendant is also true and correct to the situation at the time of sexual indecent conduct by others and the content of conversation.

Specifically, the statement was made to the prosecutor's office and the prosecutor's office's office's office

As consistent, the victim’s specific statements, such as the victim’s statements, must be experienced.

In addition, the rationality, objective reasonableness, and consistency in the previous and previous statements themselves, which appear to be difficult to make a statement;

In full view of the above, the victim's statements are highly reliable.

(B) The victim visited the sexual assault counseling center for 45 minutes on August 19, 2003, and the above award

In the place of the preparation, the perpetrator is a 's accommodation', the type of damage is a 'sexual indecent act', and 'the content of counseling' in July 2001.

At the time, the Si-si was employed and worked at the National Security Credit Treasury, and it is big to enter Seoul at one time.

Along with the financing problem of this school loan, etc., after arrival in Seoul, I will come to the airport.

B. At the time of the entry into an officetel, which is the studio or any studio on the studio. He entered the studio.

The body fighting is not on the part of the plaintiff, on the part of the plaintiff, on the part of the plaintiff, and on the part of the plaintiff, on the part of the plaintiff, and on the part of the plaintiff.

. . .. .. 'A' was written out of the defect, and 00 'A' was placed three times before and after the above date.

on behalf of the victim, a telephone or a visit counsel has been made, and a consultation date shall be three times or more respectively.

In the mark, the name of the perpetrator, or the her husband's son's son's son's son's son's son's son's son's son's son's son.

in the light of the form, content, etc. of the above consultation date, because the "sexual assault" or "Rape", etc. is written.

The credibility of the defendant's sexual harassment (the sexual harassment of August 2003, which was 2 years after the victim suffered sexual harassment)

That is, visiting and counseling a history counseling center. However, sexual assault awards may be used as such.

On July 2001, the victim committed an indecent act against the Defendant in the officetel at the latest time.

of the defendant at the time of being placed in the actual sex relationship, unless the person has actually been placed in the sex relationship;

In addition, the defendant has been engaged in the business and 300,000 won free of charge under the name of a driving school fee every month from the defendant.

Defendant was suffering from the her husband’s death and was suffering from considerable economic difficulties after her husband’s death.

to the extent that there was a need to maintain a smooth relationship with the need to further economic assistance;

Now, the victim borrowed KRW 50 million from the defendant after the above sexual indecent act, and the defendant

From the point of time to Kim MaMaMa's scholarship, he has received economic assistance for a considerable period of time, such as receiving good offices, and such period

In this regard, it is difficult to expect visits from sexual assault counseling centers.

(C) According to the conversation recorded by the victim on January 1, 2005, it is located in Yangcheon-gu Seoul.

The defendant's residence, Kim Jong-, the victim's children, Kim Ma-, the wife of the defendant and the defendant Ma Ma *

In the presence of the defendant, Kim Kim Ma and Kim Ma have discussed the moral issue of the defendant, 1 (a) the defendant;

'Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma

Habn, us, our father, her mother, her mother, her mother, her mother, her mother, her mother, her mother, and her death.

B. The crime was committed, the murder was committed, and the flusium was committed, and the flusium was committed, and the flusium was committed, and the flusium was now committed.

The idea of wanting to find a hole, and â…………………………………â……â……â…………â………â……………ââââ………………

(2) 2) 1) 1) 1) 2 (1) 2) 2 (2) 1 (2) 1

For the end of the year, he thought to be flick, and to all his family members, the parents, all of his parents;

this case is now being used as a letter for committing a crime of death, and this case has been caused by this case.

In the birth of the Republic of Korea, it is thought that there is a misunderstanding of the Republic of Korea, ... will not avoid wrong.

There is no word due to, and there is no question of â……… â……………………………………………………â…………â… being due to the fact of the fact of the fact of the fact

There is no word for them, and when they are killed, kneek and kneek kel kne.

D. D. D. 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2

The Defendant stated that he was guilty of the crime, and â…………………………, the Defendant's wife, â………………………………â………â………âââââ…………ââââââââ

I also called "if you look after, see, and see".

(D) On April 2012, 2012, the Defendant had been in the 19th general election period, and was investigating by an investigative agency since the 19th general election period.

through B to this Court, from the officetel at the time of the closing of the City to the time of this Court, Kim Ma*'s school expenses

During the fighting conflict with the sea, the body was inside the arms to petition the interested victim in the process of fighting.

The defendant's defense counsel stated that he was only physical fighting, but the defendant's defense of this case

After the closure, January 6, 2015, through the summary of the oral proceedings, “A victim of June 6, 2002, on the clothes in the front of the victim.”

Although it is difficult to see the economic situation, he/she performs a pair of operations and appeared to be the defendant, even though it is difficult to do so.

B was harsh, and the defendant did not go beyond it but immediately before sexual intercourse due to a simple wrong judgment.

However, the Defendant retired from his mind, and then changed his statement.

Such changes in the statement are made on January 2005, 2005: dialogue between the defendant's residential area and Busan sexual assault counseling.

The existing statement that there was a simple fighting in light of objective data such as the counseling day, etc.

It can not be maintained, and the victim is landed to Busan on July 2001 on the day of sexual harassment.

Won, such as the defendant's accompanying to a public port or obtaining assistance from the defendant for about two years;

Considering the circumstances in which the relationship was maintained, it seems to be considered.

(1) However, whether the victim was aware of the defendant, and whether he was physically related immediately to sexual intercourse with the defendant.

Although visiting sexual assault counseling centers and providing false counseling, it is good that visiting sexual assault counseling centers and providing false counseling;

Since there was no actual gender relationship at the time of the Republic of Korea War, it is colored, but on July 2001, the date of sexual harassment.

In the process of getting off the victim to Busan, the victim seems to have been accompanied by the defendant to the public port, and her husband

The defendant was suffering from economic difficulties after his death, and is receiving economic assistance from the defendant.

for a considerable period of time, there was no problem about the indecent act against the victim.

If she was immediately before her sexual intercourse, the wife of the accused and the accused, the victim, and the victim, on January 2005

At the time of conversation between them, they have actively asserted it, but in terms of the content of conversation:

The defendant is the defendant's full-time mistake in the Si Min Il-il, and the recording of the content of the conversation on that day.

According to the Note, the Defendant was morally erroneous for the victim’s ‘(comprehion)’.

I would like to do this, even though I would have her franked, but ... I received her home and she now wrong part.

서 사과를 내가 무릎꿇고 , 내 용서 , 용서를 빌 각오가 되어 있어요 ( 중략 ) 정말 제수씨 ,

The end of this time is that the amount of 50,000,000 won, e.g., e., e., e., e., e., e., e.

요 , 내가 법적으로 당신 돈 내가 받아내면 어쩔겁니까 , 내가 정말 잘못했기 때문에 가

D. The defendant's mistake that the defendant was wrong to the victim. As such, the defendant's mistake

10,000,000 won lent due to his or her mistake, or the part that argues that he or she does not receive 50,000

The defendant's assertion that the defendant's assertion is considerably consistent with, and ② the victim's suspicion

If the Defendant and the victim have reached a physical relationship before the sex relationship, at least the Defendant’s wife.

In this case MaMaMaMaMa was found to be true, and in that case MaMaMaMaMa is actively criticized for the victim.

common, but rather, the defendant's prior mistake is recognized.

[This Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Mem Ma

Doese that ○○○○ was done by Osorma test, and that ○○○ was done so far after he was in Seoul tending.

As the horses were divided, most of the liabilities of the above sexual indecent act are the defendants, but the victims are also the victims.

The purpose of this article is to say that it has become a group of responsibilities that has been brought about frequently in Seoul.

The victim seems to have been frequently listed in Seoul, i.e., the victim;

In light of the above, it is difficult to believe that the above changed statement by the Defendant was also in bad faith.

(5) Criminal facts 5)

( 가 ) 이 부분 적시 사실 중 중요한 부분은 ' 피해자가 보상금을 꿀꺽 ' 하였다는 것인바 ,

국립국어원의 표준국어대사전에 따르면 , ' 꿀꺽 ' 에 대하여 ' ⓐ 액체나 음식물 따위가 목

Any sound which exceeds a large number of holes at a time in a hole or narrow hole, or its shape; 6 Their shape is not right.

The law defines the value of the property in South Korea as "the shape that makes it into the property in South Korea", and the appearance of the injured party

Whether or not the acquisition of prize money has been made as his own property in such a way that it is not correct as above.

We examine the issues.

(B) Further to the whole purport of the evidence duly adopted and examined by this Court

The following circumstances, i.e., ① this part of the document in this case, is not in Hanmadi.

이 토지보상금 3천 3백여만 원 꿀꺽 " 이라는 제목 아래에 ' 본인의 부친이 소유한 산을

A registration was made in the name of three grandchildren, including the head of the victim, Kim Jong-nam and MaMa, but the birth was made in the name of the victim.

We were incorporated into this military unit, and the land compensation began in around 2005. They became aware of this fact.

Victim 3,300,000

It received Won from the military unit of the Port of the Republic of Korea. It received money with the Busan Port of the Republic of Korea.

As a result, the parents who have left to receive money without finging to the Possinginging parents have a large amount of fluing parents who have left to receive money.

Don, Don, Don, and the father of the defendant's father (the father of the Don Kim) Kim △△ (the wife of the Don Kim Don, Don Don Don Don Don Don) and Kim Don.

b) As to the forest land located in the port in the joint name of (the children of the defendant) and Kim Ma (the children of the victim) 3

At the time, the first naval disease team has completed the registration of ownership transfer, and it is decided to purchase the above woodland.

After consulting the Defendant’s side (Seoul △△△), the maximum 00 side (Seoul △△△△), and finding the victim’s place of residence as the victim’s place of residence; and

The purchase agreement was made with the person, and on October 26, 2007, the compensation was 33,071, 150 won in the account of Kim Ma.

the defendant and the least 00 side of the defendant as well as the

As a right holder, the compensation has been received lawfully, and the victim has received the compensation from the victim's port.

The defendant is not between piracy and the Republic of Korea, and the defendant is the victim's son of the transfer of ownership in US$ 300.0.

MaMaMaMa Kim Ma- whose name was made and thereafter received the compensation therefor, and then I am the party to the case.

The expression in the opinion that it is not a fundamental example or intention of human beings;

는 취지로 주장하나 , 이는 그 자체로 보상금을 꿀꺽했다는 표현과는 부합하지 아니하

c. In addition, even if the above assertion is followed, at the time of negotiations with the victim by the First Maritime Team

The defendant from the side of the Marine Corps who is asked by another house (the defendant, the maximum of 00) on the part of the victim and how to do so.

because "the office (victims) is superior to our house (defendants)", the office is separate as the office.

Since he had the speech that he had made the speech (the defendant was also the first injury soldier at the time of the prosecutor's investigation)

In fact, the facts stated above have been the person, the investigation records 217 pages), the role of the head of the office in fact in the House.

The defendant's intent in this section is regarded as the intent of the U.S. dollars, the father of which is the father, and at that time the defendant was at the time.

피해자에 대한 성추행 및 김 * * 의 사망보상금 관련 문제 등으로 피해자측과 시댁과의

It seems that the relationship has deteriorated extremely, and that the defendant did not notify it, and the defendant is also the same.

8) The circumstance seems to have been well known to the public, but in the context of law, Kim U.S.$ 100, Kim Kim Ma-be

The share of the above forest is donated, and the person acquiring the compensation shall also be Kim Ma-Ma, so the compensation shall be paid.

취득 주체도 아닌 피해자가 보상금을 꿀꺽했다는 표현은 그 자체로 허위로 볼 수 있는

점 등을 종합하여 보면 , ⑤ 기재와 같이 피해자가 보상금을 꿀꺽하였다는 기재내용은

It is reasonable to see false facts, and in full view of various objective circumstances, the defendant was recognized as false.

Since it is reasonable to see that this part of the defendant and his defense counsel is without merit.

Reasons for sentencing

The victim and his family members suffered considerable mental pain due to the defamation crime of this case.

The defendant did not agree with the victim until now, and the victim's side continued to be the victim.

The defendant wanting to be punished against the deceased, and the defendant denies most of the crimes of this case.

There are unfavorable circumstances such as the fact that there is no misunderstanding of faith at all.

On the other hand, the defendant's preparation and distribution of the document of this case is partly significant on the grounds of divesful conduct, etc.

Upon the submission of a resolution to urge the Defendant to resign from office as a member of the National Assembly, the document

It is required that only 290 members of the National Assembly be dismissed until the relevant investigation is completed.

The document of this case shall be prepared and circulated with the intention to delayed the handling of the above resolution, such as hearing.

The subject of the act is limited to the member of the National Assembly, and the accused is the case.

An election of public officials for public office which has already been maintained temporarily through defamation;

It has been lost due to the violation of the law, and the defendant does not have the same criminal record as well as the election for public office.

Those punished twice due to violation of the Act (at the time of the defamation of this case, punishment shall be imposed once on the violation of the Public Official Election Act.

(A) it is not possible to identify material subject to special criminal punishment, except that the material has been subject to penalty;

The defendant has a special ground from a victim several times, including the time when he/she goes to a National Assembly member.

her husband's request for the payment of compensation for death not deemed to have been made.

Some of the circumstances, such as visible point 9) are considered.

The above circumstances and the defendant's age, character and conduct, environment, and motive and number leading to the crime of this case;

However, the records and arguments of this case, such as the circumstances after the crime, attitude in this court, etc., are shown in the records and arguments.

The punishment shall be determined in the same way as the disposition, in consideration of all the circumstances.

The acquittal portion

1. Summary of the facts charged

As seen earlier, the Defendant et al. (1) is dead because the victim’s friendship is married.

(2) Around April 2012, 2010,000 won prior to the total line was granted.

(1) In the event of an election, there is a threat to do so in the election, and there is no money to do so with the candidate to whom no money will be paid.

(3) The victim made a conversation between family members from time to time.

A recording shall be recorded and habitually requested by the defendant whenever he receives three persons' attention.

The document of this case, including the content of "be Park - a crime", shall be prepared, and 290 members of the National Assembly for the temporary election.

was distributed to the Corporation.

1. The defendant prepared and distributed the document of this case, 'The reason is that the victim's friendship is a parent of the victim.

A statement to the effect that “a person who committed suicide after having attempted to die,” all of which was killed; however, the person was expressed to the effect that

The reason why the pro-Japanese suicide is committed by the perpetrator is that his or her children excessively bear credit card obligations.

A person who commits suicide only due to the depression in the state of economic weakness, and due to the victim.

They did not kill.

2. The Defendant prepared and distributed the instant documents, “...” (2) on April 2012, 2012, 120 million won prior to the total line.

In the election, there is a threat to do so in the election without giving money, and there is no interest to do so.

Although the victim stated to the effect that he / she was obsculous sexual harassment in connection with the candidate, he/she had expressed to the effect that he/she had expressed his/her opinion;

The reason why the deceased changed the compensation for death of KRW 120 million to the deceased is that part of the compensation for death of the deceased husband.

It is demanded to receive money, and there is a threat to receive money in an election without returning money.

It was not the case, and there was no call with the candidate to receive money.

3. The defendant prepared and distributed the document of this case.

The recording shall be made from time to time, and money shall be paid whenever the defendant receives attention from three persons.

A statement to the purport that the victim is a habitual intimidation, but the victim's dialogues with the family members from time to time.

No record was made, and the defendant demanded money whenever he receives three people's attention.

If you do not know about the defendant, there was no threat which seems to inflict any harm on the defendant.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. Determination

A. 1 Part

(1) Prosecutor: (1) The important part of the facts charged is the victim’s suicide.

I stated that it is false, and argued that it is false.

First, the whole purport of the evidence duly adopted and examined by this Court is added to the whole purport of the argument.

The main text of this part of the document of this case (the whole text) is "the head office of KS in the second half of 2002, in which the victim's friendship is the victim's relative."

I would like to find and see that all of the family property has been killed because of ‘her father'. They have become all of our home property.

I tried to die because of his or her father. I attempted to die, and thereafter, attempted to commit suicide.

fact may be recognized.

(2) Around April 2003, the victim's pro-Japanese is the maximum % per cent of the victim's pro-Japanese, the defendant was found and the dialogue was divided, but the victim's pro-Japanese relationship was divided;

At the time of the death of the last %, the highest % is required to be killed due to the defendant's "mawd," and all us are required to die.

I will be able to see all the assets of the house. I would like to see due to her father. The phrase "I want to die."

the above part shall not be deemed to have been prosecuted on the grounds that there is no evidence to acknowledge that the facts are false.

f) After indicating the fact that the Defendant made the lowest per cent by way of the quoted indication, the objective fact is:

In this case using an expression that the victim's friendship committed suicide, the defendant "in this case, the defendant"

Since then, the division committed suicide due to "the victim" or "the victim", and "the suicide due to".

It merely expresses objective facts that the person committed suicide without clearly stating reasons therefor.

Inasmuch as the victim committed suicide as a matter of course by itself, the victim's pro-Japanese relationship was 'the victim'.

It cannot be readily concluded as having expressed.

Furthermore, even if it appears that it was expressed as the prosecutor’s assertion, the highest percentage of this award shall be given.

In this case, it cannot be readily concluded that the person made the same statement as the part of the time:

Doctrine described in the statement that the suicide was committed due to the least $$10,00 for one of its own children.

Since the reason for suicide was not known externally due to the absence of the latter, the defendant is the defendant.

Maximum per cent If the person committed suicide at approximately two months after making the words such as the quoted indication part to him/her;

In full view of various objective circumstances, such as the fact that there is a lot of room to think that the victim committed suicide.

In other words, it cannot be readily concluded that the defendant recognized it as false.

Therefore, the part cannot be viewed as false or false by itself, or the defendant's perception that it was false at the time.

It shall not be readily concluded.

B. 2. Part

(1) With respect to the former part:

(2) With respect to the facts charged in the former part of the facts charged, the prosecutor shall have the accused KRW 120 million.

The reason for requesting a return of part of the husband's compensation for death, and the return of money to the husband

false assertion on the premise that there was no threat to the defeat in an election.

In addition to the whole purport of the evidence duly admitted and examined by this Court

The following circumstances, i.e., the victim: 1 April 1, 2012 during the 19th general election period:

The Defendant’s husband’s death compensation * KRW 1220,00,000 through Kim & Kim, Kim Jong-si, etc.

Busan City or its home country, other than that, to the extent that it is required to return it, the city of Busan and the city of Busan.

B. If you do not know the money, I would like to say that it is very difficult to do so, and Kim MaMa MaMa is a large father at the time MaMa MaMa.

It is not necessary that the 2nd class 00 and the support rate are within the range of 6 per cent difference, ever.

The phrase "the Doctrine was stated", and the victim seems to be present in this court as a witness, and the victim seems to be present in this court.

It was the fact that the ‘I' means that I do not have to resolve the problem of money properly.

statement made by the victim, which, if the victim does not inform the defendant of the amount of KRW 120 million,00,000,000

Defendant, although there is a difference in the ratio of support with the second degree, has not been much gap in the ratio of support with the authorized party.

The defendant who is not a legal expert of the Republic of Korea may be deemed to pose a threat to abortion, not a legal expert of the Republic of Korea

With respect to the term “Intimidation” expressed in the instant document, the term used in a broad or broad sense of intimidation.

As there is room, (The defendant is guilty of embezzlement of the victim as seen earlier.)

(1) In the case of accusation, the Court has previously received a disposition of June 14, 2005 that the person was suspected of committing a crime, and thus, promulgated the person in fact.

Even if the candidate did not feel much, there is no substantial gap in the support rate with the second candidate at the time.

in this chapter, if a candidate raises a property problem with respect to his or her pro rata content, support in itself.

There may be room for seeing it as the highest or optical intimidation because it could not eliminate the probability capable capable of swaying.

A.10) On January 1, 2005, the victim was found to find the office of the defendant and Kim* 300 million compensation for death.

After the request, the defendant was accused of embezzlement and was subject to a disposition of non-guilty after having filed a complaint.

For about seven years from the 19th to the 19th ray, the defendant particularly paid the above KRW 120 million to the defendant.

In light of the circumstances that the victim was not required at all, the husband of the defendant no longer

There was a recognition that there was no basis for claiming KRW 1220 million under the name of compensation for death.

It should be seen that the defendant has received the 19th National Assembly member's total election, and then the defendant has received the success of the party at the time.

10,000 won from the defendant as compensation for death of her husband, as the result of the difference between her husband and her husband,

the defendant's side and in contact with the defendant's side to demand such amount.

at the time of investigation by the prosecution (the victim shall not be entitled to the above KRW 120 million upon the completion of the election at the time of investigation by the prosecution.

In full view of the facts alleged to have been revealed, ② the facts charged in the preceding part of the facts charged are false.

shall not be deemed to exist.

(2) As to the latter part:

(2) With respect to the latter part of the facts charged, the prosecutor shall not have the right to receive money from the victim.

Since they did not go against it, they argue that they are false.

In addition to the whole purport of the evidence duly admitted and examined by this Court

The following circumstances, i.e., ① The expression of this part in the document of this case is expressed on the part of the defendant.

The context is that "I am in collusion with a candidate who does not belong to his or her or her authority to conduct a harsh sexual conduct," and the context is that "I am in contact with the candidate."

as the public prosecutor asserts, the victim may receive money from the defendant.

It is difficult to interpret that a person was satisfy and satisfying, and as seen earlier, the judgment of the court below is without merit.

The victim asserts that the defendant is more than 120 million won under the name of husband's compensation for death as the victim.

Along with the 19th National Assembly member's total election, the defendant has been aware that there was no basis to do so, at the time of the defendant.

When the defendant receives a church's official ceiling and gets a different mother, 1 as compensation for death of her husband from the defendant

The opportunity to receive KRW 2,00,000 is thought to be an opportunity to receive KRW 2,000,000 and to contact with the defendant's side;

It seems that the amount is required, and it is reasonable for the victim to clarify the sexual indecent act among the relatives.

In light of the circumstances, etc., the victim may be deemed to require the container from the defendant

If 100,000,000 won was received, it may not be possible that the reporter would not have made any other reporter’s opinion with respect to sexual harassment at the time.

in light of the circumstances, etc., the victim did not give money to the defendant and made a reply to the victim.

(c) According to the Standard Korean Language Ambassador of the National Institute of Korean Language, hereinafter referred to as “competence,” 1

In combination of mind, 6. Doing that it is a common sense with one another in which it mainly attempts to grow bad working.

The victim must check the victim before the election day in order to give the defendant a shooting.

I think that it should be made, and first, it was contacted with the 1st century Integrated Democratic Party.

However, as the defendant could not receive assistance before the election day, the second support rate at the time in the local constituency of the defendant is two.

In fact, it appears that it was contacted with the candidate candidate, which was different, and in fact, in the candidate candidate candidate, the first time.

It was introduced to women's groups (Posting Women's Association) and sought to carry out a press check under their supervision; however, it was intended to carry out a press check;

An organization, without proceeding to confirm the facts, marks a baly to conduct a dog immediately, and antalyaly

Direct establishment of the flag conference room, and at the time 00 candidate, reported the society of the press conference to the press conference room.

In light of the circumstances, etc. in which a person reads his/her written statement demanding the withdrawal of a candidate, a kind of deposit shall be made.

It cannot be seen as not being a table, and even if it cannot be seen as a table, it is somewhat exaggerated expression.

In full view of considerable points, the latter part of the facts charged cannot be viewed as false.

C. 3 Part

(1) With respect to the former part:

③ With respect to the facts charged in the former part, the public prosecutor’s excessive recording of the victim from time to time.

Based on the premise that the victim is a part required, the victim recorded only once a conversation of the family members, and therefore this section.

Sector asserts that it is false.

If the whole purport of the evidence duly adopted and examined by the court is added to the purport of the whole argument, this case

The main text of this part of the document (the whole text) has been recorded from time to time by the victim’s family members’ dialogue.

I are entitled to abuse this as a means of intimidation, if you have a saf which was recorded in the future seven years before July and six months.

that person who is no other person than this criminal can not be asked whether it is right to leave the person.

C. Recognizing facts.

According to the above facts, the defendant threatened the defendant by using the test leaves recorded around January 2005.

Since it seems that it focuses on criticism of the act of harming people, the important part in the above sentence is important.

It is reasonable to see that it was threatened on the basis of ‘mal recording', not ‘anytime'.

If so, it is merely an exaggerated expression, which is an important part, from time to time.

It will be consistent with this objective fact.

(3) Therefore, the former part of the facts charged cannot be viewed as false.

(2) As to the latter part:

3. A prosecutor shall give the attention of three persons whenever the defendant receives three persons with respect to the latter part of the facts charged.

(1) did not make any threat that would result in the occurrence of any

Under the premise that this part is false, 11)

If the whole purport of the evidence duly adopted and examined by the court is added to the purport of the whole argument, this case

This part of the document is separate from the previous part. (3) The only victim is the only victim.

In addition, the defendant demands money whenever he receives three people's attention, such as the total time in 2004.

I have habitually threatenedd any person. "A person may be recognized."

Members of the National Assembly who are generally paid attention from the above document as a single example;

The defendant was a general election, and the defendant was sent to the General Election in 2004 and the General Election in 2012, and each time the victim was the victim.

* The compensation for death of husband, Kim, the husband that does not seem to have any special ground - * the compensation for death street.

챘음을 이유로 금전의 지급을 요구하였고12 ) , 2012년 총선때는 보상금을 요구할 뿐만

In addition, considering that it was said to the effect that it would not take place if it did not respond to it:

Even if some detailed contents are different from truth or are exaggerated, the latter part of the <3>

that the defendant cannot be deemed to be false by itself, or that at the time the defendant was aware that he was false.

subsection (b) of this section.

3. Conclusion

Thus, this part of the facts charged is not guilty on the ground that there is no proof of crime.

That should be sentenced, but defamation by publicly alleging false facts stated in the facts constituting the crime in the judgment.

Since Dong is in the relation of a single crime, it is found guilty of defamation by the above false representation.

As above, the honor by false statements as to each of the facts charged in relation to such a crime

The facts charged for the damage shall not be separately acquitted in the text. 13)

Judges Cho Jong-sung

1) The written indictment contains the part that "the husband of the victim was deprived of her life," but the written indictment itself states that this part of the victim's husband is false.

In light of the circumstances that do not constitute a constituent element, this appears to have been indicated as facts that are not facts constituting a constituent element, and the defendant's exercise of defense

If there is no concern about substantial disadvantage, the court shall amend the indictment to the extent that the facts charged and the basic facts are the same.

There is no violation of the principle of no accusation even if the facts were recognized differently (Supreme Court Decision 201 June 30, 2011).

2011Do1651 (see, e.g., Supreme Court Decision 201Do1651).

2) The indictment also contains the part of 'not guilty of injury or injury', but the indictment itself does not assert that this part is ' False'.

In light of the circumstances, it appears that it is not a fact constituting a constituent element but a statement of fact, and it is deleted for the same reason as that of each week.

3) Although the bill of indictment is written as 'he inherited', the expression in the document in this case seems to be 'the defendant has received from 'the defendant's 's referring'.

4) The prosecutor asserts that the victims and the children of the victims were legally inherited, but Kim** the victim of Kim Jong-in's father (the father) Kim * Kim ** the victim of the USD *

Kim MaMa seems to have asserted legitimate donations to this meaning.

5) The police suspect interrogation protocol against Kim MaMaMa (2:292 pages of investigation records)

6) Two copies of investigation records 883 pages, 884 pages

7) This means that at least there was a physical relationship between the Defendant and the victim, which is regarded as a male and female relationship, even though not in a sex relationship.

It seems that it will be done.

8) Kim Ma* received compensation for forests and fields at the time of prosecutorial investigation, and thereafter found it at the time of the birth of Kim $$. Kim Ma-Ma was called for the interference of this $$$.

However, at the time, it seems that the defendant was unaware of the fact that he had talked with the Marine Corps Association.

9) As seen earlier, the victim filed a complaint against the Defendant on the ground that he embezzled KRW 300 million of compensation for death* 300 million, a husband of the investigative agency

However, on June 14, 2005, there was a disposition "Is no suspicion", and the victim does not seem to have been specifically dissatisfied with it, and the defendant also is Seoul.

In a lawsuit claiming loans of KRW 50 million filed against a victim by the Central District Court 2013da5872, the District Court 2013dada513872, the victim shall be his husband Kim **

The defense was set-off on the ground that the defendant used the net insurance money amounting to KRW 1220,000,000 for the first time, but the defense was dismissed due to the lack of reasons.

(c)

10) At least it is difficult to see it at least as a minor level that the Defendant does not open at all, even if there is no maximum mineral or mineral threat.

In addition, according to the Standard Korean Ambassador of the National Institute of Korean Language, intimidation is hot (a).

6. In order to raise fears to the other party under the Criminal Code, a person who is life, body, or person to cause fears to the other party.

It is defined as 'the notification to give (e.g.) harm on the basis of his/her honor, reputation, or property'. The defendant who is not a legal expert is defined as 'the above-mentioned by the victim.

There is room for us to see 'a demand to pay KRW 120,000 to the defendant by 'accomage and pressure'.

11) According to the language and text of the indictment, it is stated that the victim demands money with a recording of the completion of the contract, but the same meaning is not the same.

It seems that it appears that it will be.

12) At the time of the prosecutorial investigation, the victim demanded the defendant, who was released as a candidate at the time of the general election in 2004, or his husband Kim** the deceased.

(1) At the time of the 2004 General election commission, the husband of the defendant who has been present in this court as a witness and has left as a candidate at the time of the 2004 General election commission.

In order to talk about compensation for death, it was stated that it had been found as a tax site (56 pages of the examination of witness).

13) Of the facts charged of defamation by false accusation under Article 307(2) of the Criminal Act, the defamation by factual accusation under Article 307(1) of the Criminal Act

Since the facts charged are included in the facts charged as defamation by publicly alleging the above false facts, there is proof as to the falsity.

The court may recognize the above factual defamation by its authority without the amendment of the indictment, but the criminal suspect who has been prosecuted may be prosecuted.

In comparison with the room, the indictment shall not be punished for the reason that the actual criminal facts were serious and the indictment has not been modified.

, in light of the purpose of criminal procedure, such as prompt discovery of substantial truth by appropriate procedures, it is against justice and equity.

Unless otherwise specified, the court's failure to recognize the criminal facts ex officio is not illegal (Supreme Court Decision 201Hun-Ba1198).

1. As to the evidence duly adopted and investigated by this Court, the court below erred by misapprehending the legal principles as to the admissibility of evidence

In other words, the core of the entire facts charged of this case is to indicate “the Defendant’s false facts” thereby impairing the honor of the victim.

of the facts charged, in particular, as to the considerable part of the defamation by publicly alleging false facts, and the above not guilty.

The crime of defamation by statement of facts, in full view of the process of the instant case, compared with the total criminal facts charged as charged.

(b) it is difficult to see that it is substantially contrary to justice and equity, as well as to the extent that it is up to this judgment.

In light of the fact that the examination process of the part of the trial and the defense method submitted by the defendant have concentrated on whether the submission was false or not, the application of the written indictment

Determination of ex officio of the above factual defamation without the change of the section would result in a disadvantage to the defendant's right of defense.

Inasmuch as it cannot be readily determined that there is no factual defamation, no judgment shall be made ex officio with respect to the crime of defamation. In addition, a court’s prosecutor.

Whether or not to demand amendments to a bill of amendment is in the discretion of the public prosecutor, and it is illegal on the ground that the prosecutor did not attend it.

(See Supreme Court Decision 9Do3003 delivered on December 24, 1999, etc.).