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(영문) 의정부지방법원 2019.02.19 2018노564
명예훼손
Text

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

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the instant union received a disposition to the effect that the victim was innocent, and the petition for adjudication was dismissed, and the case in which the said union filed a complaint with the victim through occupational embezzlement was also subject to a disposition to the effect that the victim was suspected of having committed embezzlement. Therefore, it is reasonable to view that the facts stated by the Defendants are false in the important part thereof.

In addition, it seems that at least the Defendants had dolusent intent to indicate false facts.

Nevertheless, the judgment of the court below which acquitted the Defendants.

2. Determination

A. In full view of the circumstances written in detail in the judgment, the lower court acquitted the Defendants, on the ground that the sole evidence submitted by the Prosecutor alone is a false fact with regard to each of the important facts indicated in the instant banner and front section, and it is difficult to deem that the Defendants were proven to the extent that there is no reasonable doubt that such facts were false.

B. Examining the judgment of the court below in comparison with the records of this case, the above judgment of the court below is just and acceptable, and it does not seem that there was an error of mistake of facts.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, since each appeal against the Defendants by the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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