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(영문) 수원지방법원 2013.09.25 2013노2386
명예훼손등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The facts charged in the instant case of violation of Acts and subordinate statutes do not specify the act of publicly alleging false facts constituting the elements of a crime, and thus, the court below erred by exceeding the scope of prosecution.

B. In relation to the fact of defamation, the Defendant did not contain any false facts in the name of this case. In the case of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), the Defendant sent an e-mail containing the content of the name of Cho Jong-O under the direction of NIO, not the Defendant’s instruction. The lower court erred by misapprehending the facts that found the Defendant guilty

2. Determination

A. According to the facts charged in this case regarding the assertion of violation of law, the part of the facts charged in this case is false, stating that “In the case of the professor E E E E E E E E E E E E E E E E E E E E E E E E E/W will be examined from the faculty to which he belongs, and the related documents will be delivered to the Minister of G principal on April 3, and the paper was plagiarism.” Thus, the aforementioned part of the facts charged in this case can be deemed to have been sufficiently specified, and thus, the defendant’s assertion of violation of law is not accepted.

B. The summary of the facts charged in the instant case is as follows with respect to the determination of mistake of facts

The defendant, as a professor of the D University administrative department, is the president of the professor Council composed of the Professor, who is a professor of the Do University, and on May 16, 201, E, a professor of the D University, who was not able to conduct a fair appraisal with the professors belonging to the D University Council, was promoted to the assistant professor at the full-time lecturer despite the opposition of the D University Council, as a professor, as a professor of the Do University Administrative Department, and E, a professor of the above University, who was not able to conduct the following acts.

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