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(영문) 서울북부지방법원 2012.11.14 2012노59
업무상횡령등
Text

Of the judgment of the first instance, the guilty portion against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of 300,000 won.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A (1) misunderstanding of facts or misunderstanding of legal principles, Defendant A did not have the intention of embezzlement or unlawful acquisition, and Defendant A had the prior consent or implied consent of I regarding the forgery of a private document or the uttering of a private document, and Defendant A did not make a statement as to defamation on June 19, 2009, as stated in the facts charged, and made a statement on family affairs.

Even though this was induced by Q, there was no perception of radio wave possibility or performance.

(2) The first instance sentencing (fine 500,000) on Defendant A’s assertion of unreasonable sentencing is too unreasonable.

B. Defendant B’s insult was induced under the N’s secret plan, and each defamation was prosecuted by manipulating evidence by N.

C. A prosecutor (1) The Defendant’s assertion of misapprehension of the legal principles as to defamation as of May 1, 2009 against Defendant A constitutes factual cases as referred to in defamation, and as long as AG spreads the contents from Defendant A to AM, performance or possibility of spreading is recognized.

(B) The first instance sentencing (fine 500,000) on Defendant A’s assertion of unreasonable sentencing is too uneasible and unfair.

(2) In full view of the evidence submitted by the prosecutor claiming mistake of facts or misapprehension of legal principles as to Defendant B’s assault, even if Defendant B sufficiently recognizes the victim’s face, it is difficult to recognize that Defendant B was the victim’s face, and even if Defendant B was aware of the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, if

(B) The first instance court’s sentencing (one million won of fine) on Defendant B’s assertion of unreasonable sentencing is too uneasible and unfair.

2. Determination

A. Defendant A among the judgment of the court of first instance.

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