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(영문) 대구지방법원 2016.07.08 2015노3814
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant of the grounds for appeal does not commit the crime of this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.

In light of the following circumstances or the results of the first instance examination and the results of the further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court shall respect the judgment on the credibility of the statement of the first instance witness (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (b) In full view of the following circumstances which can be recognized by the evidence duly adopted and investigated by the court below, the defendant can be sufficiently and sufficiently recognized that the defendant defames the victim by openly pointing out false facts as stated in the judgment of the court below, and thus, the court below which found the defendant guilty of the facts charged of this case is just and there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

shall not be required to do so.

Defendant’s assertion is without merit.

(1) G in the court of the court below (section 163 of the trial record) and the police (section 137 of the evidence record No. 1 of the evidence record), “The victim has been in charge of the dispatch of cargo articles in D, and the victim has de facto been in charge of the distribution of cargo articles.

“Written Answer for Fact-finding Confirmation” (No. 80 pages of the trial record) submitted by D Co., Ltd. in the relevant civil procedure (Ulsan District Court 2013 Ghana 21801) filed against the victim by the Defendant.

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