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(영문) 인천지방법원 2016.11.09 2016노2722
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) consider the circumstances in which the defendant raised a complaint against the victim in a partnership relationship and referred the defendant incidentally to the defendant as “domine fe” when speaking that may undermine the victim’s social evaluation as described in the facts charged in the preceding facts charged before many creditors, it is sufficiently recognized that the defendant had committed a crime of defamation, and it cannot be deemed that it constitutes a justifiable act, as it does not violate the social rules, and thus, the court below acquitted the defendant of the facts charged, by misunderstanding the facts, and by

2. On the grounds indicated in its reasoning, the lower court acquitted the Defendant of the facts charged on the ground that it is difficult to view that the Defendant had made a statement as to the facts charged with defamation with the intent of defamation. In so doing, considering the evidence duly adopted and examined by the lower court and the content of the reasoning of the lower court, the lower court’s above determination is justifiable.

(On the other hand, the part of the court below's decision that the defendant's act constitutes a justifiable act is merely a assumptive judgment based on the premise that the defendant's act is recognized as a criminal intent of defamation, and as long as the defendant's act is not recognized as a criminal intent of defamation, the prosecutor's assertion about this part of the legal principles

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

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