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(영문) 전주지방법원 2019.05.22 2019노375
명예훼손등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (Defendant B) only carried a pent or banner at the site or taken video pictures, and there is no fact that Defendant B did the act of damage, such as the statement in paragraph (2) of the case of "2018 Man-Ma1172" as stated in the judgment of the court below, jointly with Defendant A.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: the suspended sentence of one million won for a year and a fine of one million won for a year and a fine of six months for a community service work, Defendant B: a fine of one million won for a year and a fine of one million won) is too unreasonable.

2. Determination

A. 1) Determination of mistake and misapprehension of legal principles regarding the assertion of facts: “When two or more persons jointly commit a crime listed in paragraph (1)” under Article 2(2) of the Punishment of Violences, etc. Act requires that there exist co-offenders between them exist, and multiple persons recognized the crime of another person at the same place and committed the crime using the same opportunity (see, e.g., Supreme Court Decisions 96Do1959, Feb. 14, 1997; 85Do119, Jun. 10, 1986). 2) According to the evidence duly adopted and examined by the court below, Cmarket merchants’ association is an organization composed of the above market merchants for the purpose of managing the C market at Da. (hereinafter “the market in this case”), and the Defendants continued to purchase and sell agricultural products with “D” as their mother and female members, and the remaining 3050,000,000 won A. 250,000,000 won A.37.

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