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(영문) 수원지방법원 2017.07.26 2017노1527

명예훼손

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal, the relationship between the defendant, F and the victim, and the circumstances and contents of the dialogue of this case, etc. are likely to spread to many and unspecified persons;

Even on the contrary premise, the court below found the Defendant not guilty of the facts charged of this case, which erred by mistake of fact.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below, based on its stated reasoning, was likely to transmit the Defendant’s horse to many and unspecified persons.

Since it is difficult to readily conclude that the public performance of the crime of defamation is not recognized, it is reasonable to conclude that the facts charged in this case constitute a case where there is no proof of criminal facts, and to hold a not-guilty verdict on the charge is reasonable.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

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