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(영문) 수원지방법원 2018.05.03 2017노9336
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: L, F, K, H, and J, the witness of the instant case, and there is no reason to give favorable testimony or statements for the victim between the Defendant and the victim in a friendly relationship, and the victim’s statements are consistent, and the defendant has impaired the victim’s reputation in accordance with the statements of the victim and the witness of the lower court and the statement of witness of the lower court.

However, since the court below rejected the statements of victims and witnesses and acquitted them on the facts charged of this case, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. On the grounds indicated in its reasoning, the lower court acquitted the victim of the instant facts charged on the ground that it is difficult to recognize the credibility of the victim’s statements in the court of the lower court and the police statements and the written statement of the J as to the instant facts charged, and otherwise, there is no evidence to acknowledge the facts charged.

Comprehensively taking account of the circumstances found by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts as alleged by the prosecutor.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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