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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.02.13 2013노4055
신용훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal acknowledged that the defendant made a statement in the facts charged at the court of original instance that the defendant made a statement in the court of original instance; the statement of C and H has value as indirect evidence or circumstantial evidence; and the F testified in the court of original instance that there was a telephone call as to the settlement of payment with the defendant; in full view of this, even if the defendant committed a crime as stated in the facts charged, the court below erred by misapprehending the facts that there was no evidence to prove the facts charged.

2. Determination:

A. On July 2, 2012, the summary of the facts charged was a person who was appointed as the head of the business of the victim C Co., Ltd. (hereinafter “D”) and damaged the credit of the victim by spreading a false fact to the F of “E” and “E, the president of the company, who was the customer of D, did not settle the price to the customer of D at a closed place.”

B. The gist of the judgment of the court below is that there is evidence proving the facts charged of this case, and there is a statement of each police interrogation protocol against the defendant that the victim took the head of the Tong and asked the defendant to flee, and a witness H and C each court statement to the effect that the defendant took the above facts to F.

First, as long as the defendant denies the contents of each police interrogation protocol against the defendant, it cannot be admitted as evidence as evidence.

(A) The Defendant’s statement at the lower court by the witness H and C stated that “the Defendant she saw the victim as a juristic person head of the passbook and went away, and did not contact with the victim, thereby delaying the payment of the price).” Then, the Defendant’s statement at each court below by the witness H and C stated that “the victim saw the victim as a juristic person head of the passbook and went away.”

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