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(영문) 의정부지방법원 2018.06.11 2017노3558
명예훼손등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the event that Defendant 1’s misunderstanding of facts revealed the atmosphere at the time a criminal dialogue was made between Defendant and Defendant on June 17, 2015, this article describes the Defendant’s judgment and opinion, and does not constitute a statement of specific facts. Defendant 1 did not know that Defendant was guilty at the time of posting the above article, and the lower court found Defendant 1 guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment, even though it did not have any intention to indicate true facts under Article 307(1) of the Criminal Act.

2) The Defendant’s publication of the above article by misunderstanding the legal doctrine is indicated as “K indictment and the judgment of the court below” as the organization to which the Defendant and the injured party belong, but it appears that the Defendant and the injured party were the clerical error in

As a matter of interest and interest of the entire members, it constitutes a ground for the dismissal of illegality as stipulated in Article 310 of the Criminal Act. The victim’s act was committed against K members in order to block it in an urgent situation, and thus, it constitutes a legitimate defense under Article 21 of the Criminal Act or an emergency escape under Article 22 of the Criminal Act, and thus, the court below found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment by misapprehending the legal principles on the dismissal of illegality.

3) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

B. Prosecutor 1) The Defendant posted his defamation portion on June 9, 2015 on the North eston on Jun. 9, 2015 to the North eston on Jun. 9, 2015 can be seen as a factual standpoint that the Defendant had no economic credit and incurred damage to the Defendant in the course of the business, but the lower court acquitted the Defendant of this portion of the charges.

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