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(영문) 서울남부지방법원 2015.07.10 2014노2006
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal has been relatively consistent with the victim's statement. The witness's statement is mutually different because the place differs, and the main part of the victim's statement was directly made by the defendant about defamation against the victim. While E, F, etc. are heard, the defendant made the victim's statement about the victim's questioning, and even though H was mixed, it is recognized that the victim's statement could be disseminated to an unspecified or many unspecified persons.

Therefore, even if the defendant's defamation crime was recognized, the court below erred by misunderstanding facts, which affected the conclusion of the judgment.

2. The lower court’s judgment

2. On the grounds stated in its reasoning, the evidence presented by the prosecutor alone cannot be deemed to have been proven beyond a reasonable doubt that the facts charged in the instant case that the Defendant made a statement to the effect that he defames the complainant at the time of the instant case, and even if the Defendant made the aforementioned statement, it is difficult to deem that the performance is recognized, and thus, the Defendant was acquitted.

In light of the oral argument and the record of this case, such determination by the court below is just, and it cannot be said that there was an error of misconception of facts.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal 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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