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(영문) 부산지방법원 2013.07.04 2013노1219
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The court below rejected the credibility of the victim E’s statement consistently making a consistent statement, and rather, it argues to the purport that the contents of the article posted to the victim are true and justifiable, and it is only the defendant’s assertion to reverse the statement that was posted by the chief of the management office in the court of original trial and the testimony of the chief of the management office, which seems to be consistent with the above, was acquitted on the grounds of the defendant’s assertion and the testimony of the chief of the management office, which affected the conclusion of the judgment.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the managing director of C apartment complex, who is the president of the council of occupants' representatives, at the date and time indicated in the facts charged, G, which is the president of the council of occupants' representatives, only prepared and posted printed materials recorded in the facts charged, and testified to the effect that the Defendant does not have any instruction to do so (G, despite the warning issued by the presiding judge of the court below that it may be subject to criminal punishment, it is difficult to find any other circumstances to suspect the credibility of the statement), ii) the victim E testified to the effect that the Defendant only filed a complaint because the nominal owner of the printed materials recorded in the facts charged was the Defendant, and the person who prepared and posted printed printed materials was discovered; iii) the Defendant was required to hold a meeting on the unauthorized absence and unauthorized outflow of the victims from the managing director G to the council of occupants' representatives, and even if it was known in advance that it was difficult to see the preparation and posting of printed materials recorded in the facts charged.

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