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(영문) 서울중앙지방법원 2016.05.20 2016노574
명예훼손등
Text

The prosecutor’s appeal against the judgment of the court of first instance and the Defendants’ appeal against the judgment of second instance are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s appeal against the judgment of the court below No. 1 is justified, and the victim D and E merely embezzled public funds for C (hereinafter “the corporation of this case”). Since victims received oil expenses or returned donations to executives through lawful procedures, Defendant A’s statement constitutes a case where false facts were stated. Even if true facts were revealed, it is derived from the motive for one’s election, and thus, illegality cannot be excluded under Article 310 of the Criminal Act (misunderstanding of facts or of legal principles). (B) Defendant A’s appeal against the judgment of the court below of this case is the victim who did not comply with the request for removal from the president at the time of this case (hereinafter “victim”) and thus, Defendant A’s misunderstanding or misunderstanding of the legal principles as to the punishment of Defendant A’s illegal acts (hereinafter “Defendant 2”) constitutes a violation of the law by misunderstanding the victim’s clothes on the part of the victim and the defendant, even if the victim were to overlap with the victim’s and the defendant’s status, this constitutes an unlawful act of misunderstanding and misunderstanding of the facts.

2. Judgment on the grounds for appeal by the prosecutor regarding the judgment of the first instance court

A. Whether defamation by publicly alleging false facts is established or not, Article 307 of the Criminal Act.

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