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(영문) 서울서부지방법원 2015.07.02 2014노1771
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal G, F, and I’s respective statements, since the defendant could sufficiently recognize the fact that he/she defames the victim by openly pointing out false facts as stated in the facts charged, the court below erred by misunderstanding of facts.

2. The statement at G’s investigative agency and the original trial, which directly prove the facts charged in the instant case, are flexible, and the statement at I and F et al. are merely referred to as “the defendant as stated in the facts charged” from G, and it cannot be said that there is an independent value of evidence.

However, as revealed in full view of the evidence duly admitted and examined by the court below, G’s statement is not consistent from the investigative agency to the court below’s judgment, and the time when the Defendant stated that 4-5 persons, other than himself, were the Defendant’s oral statement at that time, is not specified, and as such, one of them has not been specified from the investigative agency to the court below.

In addition, considering the fact that G was close to the person who led the impeachment of the defendant and the impeachment of the defendant was discussed by that person at the time when the impeachment of the defendant was discussed, G’s statement is difficult to believe and the other evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant alleged false facts as stated in the facts charged, and there is no other evidence to acknowledge it otherwise.

Therefore, prosecutor's assertion 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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