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(영문) 서울중앙지방법원 2014.11.27 2014노2498
명예훼손등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (1) E, the complainant of the first instance judgment, collects management expenses, sales expenses, etc. during the period of the shop D's employment, and uses the amount of KRW 100 million for personal consumption, and then an investigation is being conducted on the charge of embezzlement as at the present time by again filing a complaint by supplementing documents by the defendant. Thus, the defendant's notification to each shop owner of the same content as the stated in the facts charged in this case's case's case's case's case's case's case's case's case's case's case's case's notification is for public interest and illegal under Article 310 of

(2) Even if the testimony of the second judgment is inconsistent with the criminal facts of a final conviction, perjury shall not be established if the defendant testified without awareness that it would be contrary to memory. In light of the bath theory made by M to theO, it is highly probable that the defendant arrived at the site after M’s desire was completed, or there is a probability that the defendant would have taken the place to the center at the center by the recommendation of the surrounding merchants, and even if the defendant took a place at the time and M, he could not accurately hear the bath content in light of the situation at the time.

Therefore, even though the defendant was present as a witness in the court of insult of M, etc. and was tension, he did not clearly distinguish the circumstances of the case that he became aware of in M, etc. after being heard in the field of the case from M, etc., but he did not testify against his memory, the judgment of the court of the second instance which judged that the defendant was guilty of the fact and affected the conclusion of the judgment.

B. The first judgment of the lower court on the penalty of unfair sentencing: fine of KRW 700,000,000.

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