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(영문) 청주지방법원 2014.11.27 2014노836
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant on the grounds that there is no evidence to acknowledge the possibility of spreading false facts recorded in the facts charged and the defendant made a statement that defames the victim's reputation. Such judgment of the court below is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles, which affected the conclusion of the judgment.

2. The judgment below, on the grounds stated in its reasoning, determined that the defendant did not have any intention to recognize the possibility of radio waves and to allow the risk thereof, and the judgment of the court below is deemed legitimate when comparing the above judgment of the court below with records, and there is no error of law by mistake of facts as claimed by the prosecutor.

Therefore, the prosecutor's argument of mistake is without merit.

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

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