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(영문) 부산지방법원 2020.05.15 2019노3333
명예훼손
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The evidence submitted by the Prosecutor to the summary of the grounds for appeal and, in particular, the victim E’s statement is specific and consistent, it can be sufficiently recognized as guilty of the facts charged in the instant case.

Nevertheless, the court below found the Defendants not guilty, and there is an error of misunderstanding of facts.

2. On November 24, 2016, the lower court determined that the Defendants’ act was insufficient to recognize the fact that the Defendants attached a disciplinary guide stating the same content as the above facts charged on the D active bulletin board, and that there was no other evidence to acknowledge it pursuant to the latter part of Article 325 of the Criminal Procedure Act, the lower court acquitted the Defendants pursuant to the latter part of Article 325 of the Criminal Procedure Act.

The burden of proof for the criminal facts prosecuted in a criminal trial shall be borne by the public prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt, to the extent that there is no reasonable doubt, and if there is no evidence to form such a conviction, the suspicion of guilt is between the defendant and the defendant.

Even if there is no choice but to judge the interests of the defendant.

(1) The court below's findings of fact and decision are justified, and there is no error in the misapprehension of legal principles that affect the conclusion of the judgment, as otherwise alleged by the prosecutor. The court below's decision is erroneous in the misapprehension of legal principles, as otherwise alleged by the prosecutor.

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