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(영문) 부산지방법원 2020.05.01 2019노3165
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the prosecutor’s evidence submitted by the prosecutor, sufficient recognition of the Defendant’s intentional act of defamation.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. The lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to recognize that the evidence submitted by the prosecutor alone was an intentional act of impairing honor by pointing out false facts against the victim, in light of the circumstances acknowledged by the records of the instant case.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified. Contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion

Therefore, prosecutor's assertion is without merit.

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

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