logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.05.07 2015노236
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The expression indicated in paragraph (1) of the facts charged (except for the part on the two pages of the E-ro, which is the head of the E-ro, which was written in the book of the reason for appeal (legal scenario) refers to a detailed fact that the victim, who was the head of the E-ro, has criticized the Defendant for the issue of church finance and has requested resolution of monetary issues, and has requested resolution of monetary issues. Whether the said expression is true or not can be confirmed according to the substance of the church dispute. The expression indicated in paragraph (2) of the facts charged in the printed article can be related to the specific facts when considering the background thereof. Thus, the content of each of the facts charged in each of the above facts charged constitutes a statement of facts in the crime of defamation.

Nevertheless, the court below acquitted the defendant of the facts charged in this case.

Therefore, the judgment of the court below is erroneous by misapprehending the legal principles.

2. As stated in the judgment of the court below, the evidence alone presented by the prosecutor as stated in the facts charged of this case can only be deemed as an expression of a pro rata and abstract expression or an anti-defensive appraisal, the purpose of which is to determine or assess the value of the complainant's or complainant's act, and it is difficult to view that such expression constitutes a statement of fact as a report or statement of specific past or current facts that can be proved by evidence.

Therefore, the prosecutor's assertion that the judgment of the court below which acquitted the defendant is erroneous in law is without merit.

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.

arrow