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(영문) 전주지방법원 2013.06.14 2013노362
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal reveals false facts as indicated in the facts charged in this case, thereby impairing the reputation of the victim, and despite sufficient evidence to support them, the court below acquitted the defendant on the ground that there is no proof of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of facts and affecting the conclusion of the judgment.

2. The court below found the defendant not guilty on the grounds that the statements made by D and F, the evidence that correspond to the facts charged in this case, in the investigative agency and the court of original judgment, are hard to believe as they are for the reasons stated in its reasoning, and the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt that the defendant publically damaged the victim's reputation at the date and time indicated in the facts charged. In light of a thorough comparison with the reasoning of the judgment below's acquittal, the judgment of the court below is just and acceptable, and there is no error of law

Therefore, the prosecutor's above assertion is without merit.

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. It is so decided as per Disposition.

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