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(영문) 서울서부지방법원 2015.09.24 2015노615
폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts as to the part of the crime) 1) The contents of the Defendant’s statement as stated in the judgment of the court below are merely a statement of legitimate objection or opinion to the victim F, and cannot be deemed as a statement of specific false facts, and the circumstance of false facts was not known. 2) In light of the place of the Defendant’s statement and the person who heard at the time of speaking, performance is not recognized.

Nevertheless, the judgment of the court below which found the Defendant guilty of defamation among the facts charged of this case is erroneous in the misapprehension of legal principles as to the prosecutor’s burden of proving the false facts and the intentional act and performance of defamation.

B. According to the evidence submitted by the prosecutor (the prosecutor’s petition of appeal of mistake of facts concerning the acquittal portion is written “the entire scope of appeal,” but it does not state “the grounds for appeal” “the grounds for appeal,” and the prosecutor’s statement of reasons for appeal does not state any specific grounds for appeal concerning unfair sentencing. Therefore, it is determined that only the prosecutor’s legitimate grounds for appeal is justifiable.), despite the fact that the Defendant could sufficiently recognize the fact that the Defendant used to assault the victim E, the lower court acquitted the Defendant of the facts of assault among the facts charged in the instant case.

2. Determination on the grounds for appeal

A. The first instance court’s judgment on the Defendant’s assertion of mistake of facts and misapprehension of legal principles is the same as the grounds for appeal of this case, and the lower court, in detail, states the Defendant’s assertion and its judgment in the written judgment under the title “judgment on the Defendant’s and his defense counsel’s assertion” in detail, and (1) the Defendant’s statement constitutes a statement of specific facts, and ② the Defendant was the victim A’s property status.

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