명예훼손
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal contains consistent and concrete credibility of the statement I and F that the Defendant stated false facts about the victim, as stated in the facts charged, and Q and P did not know about the instant case. Although the Defendant stated false facts as stated in the facts charged, and had damaged the reputation of the victim, the lower court acquitted the Defendant of such false facts.
2. On April 2013, 2013, the Defendant injured the victim’s reputation by openly pointing out false facts and publicly pointing out false information on the Ecafeteria located in the U.S. D village in Ulsan-gun, Ulsan-gun, by saying “I was a singing (K), L and ming at the J branch.”
3. The lower court’s determination can be divided into two parts, which are the evidence submitted by the prosecutor as evidence to support the facts charged of the instant case.
The first binding of the witness L, M, N, etc. and the purpose of the statement in the investigative agency is “the defendant made to M, and M made the statement to theO, and the O delivered it to the victim (the victim if it is known in common)”. The date and time indicated in the facts charged, and the purport that the defendant made the statement to the effect that he made the statement to the effect that he made the statement to the effect that he made it at the same time and place as indicated in the facts charged differs, and thus, it is not supported by the facts charged.
In addition, it is entirely difficult to find out when and at any time whether the defendant made a statement to that effect on M with each of the above evidence.
The second binding is that there are respective legal statements of I, F, G and H and investigative agencies, and its purpose is to conform to the facts charged.
However, the purpose of each legal statement of witness G and H is not that of the witness G and H, and later, the defendant's statement is that of the defendant from I.