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(영문) 의정부지방법원 2018.09.18 2018노392
명예훼손
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. In light of the overall context of the instant notices, the executive branch rejected the prosecutor’s office to submit the following materials.

The meaning of “the instant expression” (hereinafter referred to as “instant expression”) was “the executive branch rejected the submission of data that was promised by the prosecution to representatives.”

“The meaning is that it conforms to the actual facts.”

Therefore, without recognizing the falsity, the defendant puts up the notice of this case for public purposes without recognizing the falsity, and the illegality of this case should be dismissed in accordance with Articles 307 (1) and 310 of the Criminal Code and the verdict of innocence should be pronounced.

Nevertheless, the court below found the defendant guilty as to the facts charged of this case, and there is an error of misunderstanding of facts and legal principles.

2. Determination

A. The Defendant is operating D as a representative of the Gyeonggi C Association (hereinafter “instant C Association”).

On November 4, 2016, the Defendant was accused of “no suspicion” of embezzlement by the representatives of the instant C Association, including the Defendant, at the branch office of the Do government branch office of the public prosecutor’s office of this case on November 4, 2016. The Defendant did not refuse to submit data in the process of investigation by the prosecutor, and even though the Defendant was aware of such fact, the Defendant, despite being aware of the fact, on the Internet access page consisting of members of the instant Association, will be well-being.

I would like to know the truth.

The title "I confirmed that the account of the President of the Ethical Republic of Korea was the result of this study for the victims."

The investigator's demand that the investigator could not confirm more than 30 minutes, but there have been a lot of doubtful parts.

In addition, the amount has much more parts than that confirmed until now.

If the executive body considers a certain decision, it should be noted how public funds were used in advance.

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