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(영문) 서울중앙지방법원 2015.11.12 2015노2879
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

On August 7, 2015, the Defendant was lawfully served with the notification of the receipt of a trial record and the appointment of a public defender, and did not file the statement of grounds for appeal within the submission period for the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act (Article 361-3(1) of the same Act in the name of Law Firm B, but the written statement of grounds for appeal for the Defendant was submitted on August 26, 2015. However, the written statement of appointment of counsel under Article 32(1) of the Criminal Procedure Act was submitted on September 15, 2015. Thus, the above grounds for appeal cannot be deemed a lawful and effective statement of grounds for appeal (see, e.g., Supreme Court Order 69Mo68, Oct. 4, 1969; Supreme Court Order 2001Do4839, Nov. 1, 201).

(A) The grounds for appeal submitted on August 26, 2015 under the name of Law Firm B asserted that there was an error of mistake or misapprehension of legal principles in the judgment below, but according to the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize the fact that the defendant alleged false facts as stated in each of the facts charged in this case and damaged the reputation of the victim, and the court below cannot be deemed to have erred by misapprehending the legal principles on the grounds for public performance and illegality of defamation. Therefore, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, but it is so decided as per Disposition.

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