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(영문) 서울중앙지방법원 2015.06.12 2014노5113
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was aware that the Defendant made a false statement in the emergency general meeting of this case, and that the Defendant was aware that the above content was false.

In addition, even if the statement of this case is not false, the defendant does not indicate the above facts for the public interest, so it does not constitute a ground for excluding illegality in Article 310 of the Criminal Act.

Nevertheless, the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of legal principles as to defamation and thereby affecting the conclusion of the judgment.

2. As to the facts charged in the instant case, the court below found the Defendant not guilty on the ground that the evidence presented by the prosecutor alone is not sufficient to acknowledge that the Defendant’s statement was false or that the Defendant was false, and that the Defendant’s statement was for the primary purpose of promoting the fear of executives and employees due to the establishment of Grogate sale, etc. and taking strict measures against the seller of Grogate sale, etc., and that it is reasonable to regard the Defendant’s statement as an act relating to the public interest or because it did not go beyond the social norms, and thus,

In light of the evidence duly adopted and examined by the court below and the reasons for innocence of the court below, the judgment of the court below that acquitted the facts charged of this case pursuant to the former part of Article 325 of the Criminal Procedure Act is just and there is no error of misunderstanding of facts or misunderstanding of legal principles.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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