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(영문) 청주지방법원 2014.01.23 2007노280
폭력행위등처벌에관한법률위반(야간ㆍ공동상해)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) defamation of Defendant A and C, and violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Defamation) against Defendant A and C (Defamation), etc., are not false, but the “the concealment of assault cases against H students of the teachers in G, and the settlement and sexual manipulation.” The acts of the above Defendants were conducted for the public purpose to reveal the truth, and their illegality should be avoided in accordance with Article 310 of the Criminal Act. (2) Defendant A and C’s acts interfere with the business of Defendant A and C do not constitute the power to interfere with the crime of interference with business, and the sound of the recording tape does not exceed the tolerance limit, and thus, they did not interfere with the work of the victims.

3) The Defendants’ meetings before the Cheongju District Court on the violation of the Assembly and Demonstration Act are merely a simple press dog, and thus, the Assembly and Demonstration Act (hereinafter “Act”) applies to the Defendants.

(4) Defendants A and B do not have a desire to commit a crime or interfere with the performance of official duties, and there is no fact that Defendants A expressed a desire to commit a crime to T, and there is a fact that Defendant A expressed a house in family affairs when they expressed T, not for the following reasons: (a) Defendants A and B did not have a violation of the Assembly and Demonstration Act; and (b) Defendant A did not have an act of the Defendants attending the above gathering; and (c) Defendant A did not have an act of the Defendants during the above gathering; and (d) Defendant A did not have an act of the Defendants’ behavior against T.

Even if T does not know of the fact that T is a police, it constitutes self-defense or legitimate act, and the Defendants did not know about V, W, X, and Y as in the facts charged.

B. Each sentence accused by the court below (unfair punishment) shall be sentenced to imprisonment with prison labor for one year and six months and suspended execution.

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