The judgment below
The part on defamation is reversed.
A defendant shall be punished by a fine of KRW 1,000,000.
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor as to each of the charges, the court below found the defendant not guilty of the facts of false facts as stated in this part of the charges, but erred in the misapprehension of legal principles.
B. With respect to defamation, the prosecutor did not decide on the establishment of defamation by a statement of fact ex officio in the statement of grounds of appeal, and therefore, the court below argued that it is illegal in the incomplete hearing.
However, in this court, the prosecutor applied for amendments to Bill of Indictment with the content that the prosecutor added defamation by the statement of facts to the ancillary charge, and the court admitted the defendant guilty of the ancillary charge as stated below, and thus, the above assertion is not judged separately.
According to the evidence submitted by the prosecutor, although the defendant's statement to I as stated in this part of the facts charged can be recognized as false, the judgment of the court below which acquitted the defendant.
2. The additional prosecutor of the facts charged in the preliminary charge following the amendment of the indictment has reached the court, while maintaining the facts charged as to defamation due to the statement of false facts found not guilty at the court below, and applying for the amendment of the indictment to add "Article 307 (1) of the Criminal Act" to the facts charged as to defamation due to the statement of facts and the applicable provisions of the Act as stated in the subsequent. The subject of the trial was changed by the court's permission.
However, as seen below, inasmuch as the court rendered a not guilty verdict on the primary charges as stated in the judgment of the court below, it is found guilty of the charges added in preliminary charges, it is only the previous primary charges.