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(영문) 서울남부지방법원 2018.03.23 2017노30
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal can sufficiently be recognized that the part on the instant printed matter expressed by the Defendant who habitually changed the victim E by referring to the victim E, constitutes false facts, the lower court acquitted the Defendant of the instant charged facts, which erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. As to the facts charged in this case, the prosecutor amended the indictment (in addition to the facts charged in the preliminary indictment), the applicable provision of the law is “Article 307(1) of the Criminal Act” and the facts charged below.

C. (1) An application for amendment to a bill of amendment was filed to the effect that the ancillary charge, the same as that mentioned in the Paragraph, was added, and this Court permitted the application and changed the subject of the judgment

However, the prosecutor's argument that the prosecutor's mistake of the facts charged prior to the amendment (which was changed from the trial to the primary facts charged) is still subject to the trial of this court, and this will be examined first and then examined the ancillary facts.

B. Judgment 1 on the assertion of mistake of facts as to the primary facts charged ) The summary of the public prosecutor's office is the defendant of Gangseo-gu Seoul Metropolitan Government D Emergency Countermeasure Committee member, and the victim E is the vice president of F.

On October 26, 2014, the Defendant transferred to the Defendant that there is no fluent belief that “E, which is known to be bad credit standing” and “F,” in the F 705 above, would be re-afluent with the person who is known to be bad credit standing.

“The Trust and Trust are required to be included.”

Along with the consent of the members of the Emergency Countermeasures Committee, including G et al. on October 27, 2014, he/she distributed the said F occupant to approximately 150 households on October 28, 2014.

However, the victims did not know that they were habitually changed.

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

2) Determination.

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