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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the statements of the defendant and evidence such as the statement of witness F and G in an investigative agency about the gist of the grounds for appeal, it can be acknowledged that the defendant made the same statement as the statement of the facts charged in this case.
2. Summary of the facts charged in this case and the judgment of the court below
A. On May 12, 2013, the Defendant of the instant facts charged: (a) at the Dongdaemun-gu Seoul Metropolitan Government apartment center, the victim D (the age of 78) was flicked to her own seat and did not appear at the victim E (the age of 69) house; (b) however, the Defendant damaged the honor of the said D and E by openly pointing out false facts by stating that “The chairperson D was coming from the E house at the seat of the members of the center for senior citizens. The president set up his own seat and her own dancing. The president flicked into the E house, E, E, and E, she was flick off of his clothes.”
B. The judgment of the court below held that the police interrogation protocol of the defendant against the defendant was denied by this court, and each investigation report that the defendant heard F and G's statements was inadmissible as evidence in this court, and that the defendant consented to the testimony of F and G is not admissible as well, and that the defendant does not have any direct opinion as to the statement as stated in the facts charged on May 12, 2013. D, in other words, around May 12, 2013, the following circumstances revealed by the record, that the defendant appeared as a witness in this court, and the F, G, Gu Senior Community Center appeared as a witness in this court and informed the defendant of the above statement after hearing the above statement from the defendant on the above date. However, the witness F and G did not directly take part in the above statement from the defendant on the above date, and the defendant and D frequently w at the center for senior citizens.
or (F) was written in writing or written.
(G) The statement to the effect that it is difficult to believe D’s statement as it is, and E also does not specify a person who made the above statement from the Defendant on the above day, and its credibility is difficult.