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(영문) 인천지방법원 2013.10.25 2013노1774
명예훼손등
Text

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

Reasons

1. The Defendants filed an appeal against the lower judgment regarding the Defendants’ appeal on June 7, 2013. However, Defendant A filed an appeal on June 27, 2013; Defendant B was served with the notification of the receipt of the trial records on July 17, 2013; Defendant C did not file the statement of grounds for appeal within 20 days, which is the deadline for filing the statement of grounds for appeal, even though the written notification of the receipt of trial records from this court was served on July 24, 2013; Defendant C did not state the grounds for appeal in the written petition of appeal and did not find any grounds for ex officio examination even after examining the records.

2. Determination on the prosecutor’s appeal

A. As to the part on defamation which the lower court acquitted the Defendants of the gist of the grounds for appeal, in light of the Defendants’ criminal facts and the content of the diskettes used by the Defendants, the Defendants may be recognized as having distorted or maliciously distorted the contents of L’s remarks, and furthermore, such an act cannot be deemed to be an exclusive public interest as prescribed in Article 310 of the Criminal Act. In so doing, the lower court erred by misapprehending the facts

In addition, in light of the nature of the crime of this case, the punishment sentenced by the court below (each of 500,000 won) is too unhued and unfair.

B. 1) Determination of mistake of facts and misapprehension of legal principles as to the allegation of defamation of this case

Members shall be affiliated members.

On July 20, 201, the injured party L, who is in office as the principal of the F High School, attended as the proposer of the P Debate held by Busan City on July 20, 201, and discussed five causes of relatively backward education, and speaking as one of the causes of undermining education compared to other cities and Dos because there are many teachers of the age of plus, but the ratio of the fixed-term teacher is higher than that of other cities, but it is the direct cause of undermining education.

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