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(영문) 대구지방법원 2017.06.07 2016노4968
명예훼손
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Of the facts charged in the instant case, the lower court: (a) altered the form and quality of the land owned by the Defendant “C (hereinafter “instant organization”) by forging the J minutes as a road; and (b) embezzled some of the money owned by the instant organization for personal use.

“The part indicating the facts was acquitted, and the judgment of conviction was pronounced on the remainder of the facts charged, and the defendant appealed on the part guilty.

Therefore, since the part of the judgment of the court below which was not acquitted by the defendant and the prosecutor became final and conclusive, it is limited to the guilty part of the judgment below.

2. The summary of the grounds for appeal is true and relevant to the public interest of the instant organization. Thus, the Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act.

3. Before deciding on the grounds of appeal by the Defendant’s ex officio, the Prosecutor applied for changes in indictment with the content of “1. Judgment” as stated in the facts charged in the judgment below, and the subject of the judgment was changed by this court’s permission.

Meanwhile, the Defendant’s assertion of mistake of facts and misapprehension of legal principles is related to the existing facts charged, and as long as the facts charged are changed by permitting amendments to indictment as above in the trial of the party, it shall be determined without separately determining the legitimacy of the above assertion and the following modified facts.

4. Thus, the court below's judgment is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles, and the judgment below is reversed and it is again decided as follows through pleading.

[Judgment to be used again]

1. The summary of the facts charged is the instant organization E in literature-si D.

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