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(영문) 창원지방법원 2021.01.08 2020노1142
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of facts), the court below erred by misapprehending the fact that the defendant acquitted the victim of the charges of this case, which affected the conclusion of the judgment, on the ground that "the victim C was unable to pass the quality inspection by changing the victim C's sample with the public official in charge" as stated in the facts charged.

2. The lower court, on the grounds indicated in its reasoning, found that the instant facts charged was proven to the extent that there is no reasonable doubt as it is difficult to believe that the only witness’s statement, which was the sole witness, was presented by the prosecutor alone.

On the ground that it cannot be seen, the instant facts charged were acquitted.

Examining the reasoning of the judgment below in light of the evidence duly adopted and investigated by the court below, the court below's finding the Defendant not guilty of the facts charged in this case is just and acceptable, and there was an error by mistake of facts as alleged by the prosecutor, which affected the conclusion of the judgment

shall not be deemed to exist.

Therefore, prosecutor's 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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