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(영문) 광주지방법원 2015.10.20 2014노2695
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the defendants' act of the defendants not guilty on the grounds that the defendants' act is excluded from illegality under Article 310 of the Criminal Act, although the defendants cannot be deemed to solely inform the union members of the fact of the victim's breach of trust, which is the president of the H Housing Redevelopment and Improvement Project Association.

2. In full view of the Defendants’ status acknowledged by the evidence duly adopted and examined in the judgment of the court below and the court below, the details of the facts revealed by the Defendants, the persons to whom the Defendants sent the mail indicating the facts and the time of dispatch, etc., the court below’s judgment that the illegality of the Defendants’ act of expressing the facts is excluded because it solely concerns public interest

Therefore, prosecutor's argument of mistake and misunderstanding of legal principles is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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