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(영문) 광주지방법원 2018.02.07 2016노2962
명예훼손
Text

The judgment below

Part of acquittal shall be reversed.

Of the facts charged in the instant case, defamation B shall be acquitted.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts and misapprehension of legal principles: guilty in the judgment of the court below) (1) around 17:00 on August 13, 2015, the first floor conference room of the management office of the Dong-gu Seoul apartment complex (hereinafter “the apartment of this case”) in Gwangju-gu (hereinafter “the apartment of this case”) in the Dong-gu (hereinafter “the apartment of this case”) around 17:00, the head of the management office E, who carried out a secret vote late to manipulate a person who was elected, was responsible for illegal elections while carrying out sexual intercourses with the snow late later.

It is true that the speech was made (hereinafter referred to as “the first speech”).

However, the first statement was made for the public interest of the entire apartment of this case, and it stated true facts, and even if the alleged facts in domestic affairs are not true, the Defendant believed them to be true and has reasonable grounds to believe them, so the illegality is excluded in accordance with Article 310 of the Criminal Act.

(2) The prosecution instituted a public prosecution by applying Article 307(1) of the Criminal Act with respect to the first speech, which is premised on the fact that the Defendant’s above speech is not a statement of fact or a statement of fact.

However, the court below, after E, fabricated B’s success by inserting a preliminary vote in the ballot box at the latest.

Therefore, the judgment of the court below is inconsistent with the prosecution's contents, which affected the conclusion of the judgment by misunderstanding the fact.

B. On August 13, 2015, the Defendant is guilty of the facts of the prosecutor (1) (the part of the judgment of the court below which acquitted the Defendant) at the first floor conference room of the apartment management office of this case around August 17, 2015, where “the representative of the fake elected by an illegal election is seated and carried on the same representative at present.”

How is the fake representative and the meeting.

“The above election was lawful, and the defendant did not believe that the above election was illegal, and the defendant did not believe that it was illegal.

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