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(영문) 춘천지방법원 강릉지원 2014.03.18 2013노646
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal and the statements by the victim and the core witness F, the court below found the defendant not guilty, although the facts charged that the defendant damaged the victim E's reputation, was proved. The court below erred by misapprehending the facts.

2. Determination

A. The summary of the facts charged in the instant case is that “the Defendant damaged the honor of E by openly pointing out false facts by publicly pointing out that “F, etc. are not having to pay the money of KRW 5,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won

B. As to the facts charged in this case, the lower court stated that the direct evidence consistent with the facts charged was made by F in the investigation agency and the court of the lower court, and that the F made no statement identical with the facts charged at the time of the first investigation by the police, but the Defendant appeared at the second investigation by the police and the court of the lower court that the Defendant made a statement that there was the same statement as the facts charged, and that G, H, and I in the same place are different from F, and that E made a statement different from F. However, F made a statement that “F did not dispute with the Defendant at the time of the first investigation by the police, it was difficult to believe the facts charged in this case on the ground that it was difficult to believe F’s statement in view of the fact that it was inconsistent with E and F’s statement.”

C. We closely examine the above fact-finding and judgment of the court below by comparing it with the records, and ① even if conversation between E and F is based on the recording record, F refers to the recording;

J. K (Defendants) is now present.

I am.

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