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(영문) 대구지방법원 2014.09.26 2014노661
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts, although it could sufficiently recognize the fact that the defendant publicly alleged the facts and defames the victim E.

2. The lower court acknowledged the circumstances based on the evidence duly adopted and examined by the lower court, and comprehensively considering such circumstances, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant damaged the victim’s reputation by pointing out the facts indicated in the facts charged, and there is no other evidence to acknowledge this otherwise. Even if the Defendant made a statement in the facts charged, it is insufficient to recognize that G was aware that the Defendant knew or admitted the Defendant’s telephone call to an unspecified or many unspecified persons, and there is no other evidence to acknowledge this. Thus, the lower court acquitted the Defendant under the latter part of Article 325 of the Criminal Procedure Act on the ground that it is difficult to deem that the facts charged in the instant case was proven without reasonable doubt.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and acceptable, and even considering all circumstances alleged by the prosecutor as the grounds for appeal, there is no error of law by misunderstanding facts against the rules of evidence and affecting the conclusion of the judgment, and the prosecutor's allegation

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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