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(영문) 창원지방법원 2020.05.22 2019노2517
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) is not a statement of fact, but a statement of fact is deemed not a statement of opinion, and its content is also false beyond the exaggeration. Thus, the judgment of the court below which acquitted the Defendant, even if the facts charged of this case that the Defendant had damaged the reputation of the victim by pointing out false facts, is erroneous in the misapprehension of legal principles, or in the misapprehension of legal principles, thereby affecting the conclusion

2. The additional prosecutor of the ancillary facts charged maintains the previous facts charged against the defendant as the primary facts charged and maintains the following 4-A.

As seen in this subsection, an application for amendment to Bill of Indictment was filed with the addition of the ancillary facts charged, and this Court permitted the addition to the subject of the judgment.

The following is to judge the main facts charged and the ancillary facts charged in the trial.

3. The lower court found the prosecutor not guilty of the primary facts charged on the grounds as indicated in its reasoning.

The following 4-B acknowledged by the evidence duly adopted and examined by the court below as the circumstances alleged by the court below.

In light of the circumstances seen in the paragraph, the judgment of the court below is just and acceptable, and there is no error of misconception of facts or misunderstanding of legal principles as pointed out by the prosecutor, and the prosecutor's assertion is without merit.

4. Judgment on the ancillary facts charged

A. Preliminary facts charged are bus drivers belonging to B Co., Ltd., and Cno-D branch chief, and victims E are bus drivers belonging to the same company, and the B branch of F Trade Union.

The Defendant, from September 8, 2018 to November 2018, 2018, “the route is newly established” at two places, such as the wall lower part of H, the wall lower part of H, and the accommodation of a bus engineer of J 3rd floor in G in G in G in Changwon-si, Kim Jong-si.

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