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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2017.06.29 2017노352
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the prosecutor's appeal grounds is as follows: (a) the statement of J, I, and K, which the defendant testified to the effect that the defendant impairs the honor of the victim E, as shown in the facts charged in this case, is detailed; (b) the defendant's testimony on the same date as the date stated in the facts charged in this case, is about five persons or more for L, M, N,O, P; and (c) while the victim was working for D Co., Ltd.

Comprehensively taking account of the fact that there is no evidence to view, the lower court found the Defendant not guilty of the Defendant, despite the fact that other bus drivers, including I around January 13, 2016, as indicated in the facts charged of this case, including but not limited to I, expressed false facts in the hearing, thereby impairing the victim’s reputation. However, the lower court erred by misapprehending the facts.

The summary of the facts charged in the instant case is as follows: (a) the Defendant, a contracting bus driver affiliated with D Co., Ltd., was at the G Bus Terminal H H restaurant located in Daejeon on January 5, 2016, at around 13:00, and the facts are as follows: (b) the victim E, the vice head of the said company, was driving a traffic accident on January 22, 2015, which was after entering around May 25, 2006; (c) and (d) did not drive a non-exclusive license alcohol while he was under his direct control, despite the fact that the victim E, the vice head of the said company, caused a traffic accident by drinking; and (d) even though he did not have been driving a non-exclusive license, the Defendant, including I, should be dismissed by stating that “the business vice head was under a non-exclusive license driving; and (d) thereby, damaged the victim’s reputation by publicly pointing out false facts.

Judgment

The lower court determined that each of the statements by J, I, and K among evidence that the Defendant made the same remarks as the facts charged in the instant case around 13:00 on January 5, 2016, it is difficult for the lower court to believe that the part concerning the date and time of the instant crime is not reliable, and that the statements by L, M, N,O, and P were made on a date different from the date and time indicated in the instant facts charged, or that the Defendant’s statements were made on a date different from that indicated in the instant facts charged.

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