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(영문) 서울북부지방법원 2016.04.22 2015노1587
명예훼손
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

Defendant. A fine.

Reasons

1. Reasons for appeal;

A. The Defendant did not make a statement identical to that written in the facts charged, and did not have a public performance.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the evidence duly examined and adopted by the court below as to the assertion of mistake of facts, the fact that the defendant made the statement at the date and place as stated in the court below's decision can be fully recognized.

The performance of the defendant is also recognized as long as he stated in the judgment of the court below on the basis of a large interest to the extent that the residents can listen to before the operation of C.

B. We examine ex officio determination.

The prosecutor applied for changes in the bill of amendment to the contents of one of the victims of defamation.

The judgment of the court below can no longer be maintained because the court permitted the modification of the bill of amendment.

3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, since there is a ground for ex officio reversal due to changes in the indictment, and the judgment below is reversed and it is again decided as follows.

Criminal facts

On October 25, 2014, around 18:40 on October 25, 2014, the Defendant: (a) around 103, the Dongdaemun-gu Seoul Dongdaemun-gu Manion Operation 103; and (b) even if F and E are not in a smoke-resistant relationship, the Defendant is able to reconvene the Victim F, a security guard, with the victim F.

D does not know that it is winding.

It is why we see the place in the morning.

103No more than 103 Magres and women.

The victim F and E’s honor was damaged by openly pointing out false facts in a large sense of 103 Mara.

Summary of Evidence

The summary of the evidence against the defendant recognized by this court is the same as the judgment of the court below, and it is citing it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 307 (2) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Optional penalty:

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