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(영문) 부산지방법원 2013.11.29 2013노2066
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that there is no fact that the Defendant found the office where the victim works as a policeman on January 2012, 2012, and there is no fact that the victim made the same remarks as the facts charged.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Criminal Procedure Act, the appellate court may not reverse the first instance judgment solely on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that it is clearly unreasonable to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance in light of the first instance court’s results of examination and the evidence duly examined by the first instance court, and that the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly unreasonable in light of the following circumstances, including the first instance court’s results of examination and the results of additional examination by the time of closing argument, and the lower court’s determination on the credibility of a statement made by a witness of the first instance court to the date of the lower court’s determination on the charges in this case.

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