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(영문) 대구지방법원 2015.06.12 2014노2711
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not state that “C, while working in D, intended to set aside money exceeding KRW 80 million,” at each date, time, and place as indicated in the judgment of the court below, the Defendant found the Defendant guilty of the facts charged of this case by mistake of facts and thereby adversely affecting the conclusion of the judgment.

2. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① each statement prepared by G, J, and K from the investigation agency to the court of the court below, and each statement made by G, J, and K from the court of the court below to the court of the court below, as well as the defendant's circumstances and contents of the crime, and credibility in compliance with each other's relevant statement. ② At the time when the defendant makes the statement as stated in the judgment of the court below, it seems that not only G and his husband, J, and K (J husband), but also there were other new opinions in each point. ③ The defendant filed a complaint with the investigation agency with the victim C on the criminal facts including the statement as described in the judgment of the court below (occupational embezzlement, theft, etc.) but all of the statements made by G were not prosecuted on the grounds that there was no suspicion (Evidence of evidence) as a result of the investigation, and thus, the court below erred by misapprehending that the defendant's reputation exceeds 30 million won as the victim's money.

Therefore, the defendant's above assertion is without merit.

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

(b).

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