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(영문) 서울중앙지방법원 2020.11.05 2018노2745
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (the factual error) stated in the facts charged in the instant case to C and posted it to C as is on the Kakao Stockholm Foundation, and in relation between C and the victim B, it is reasonable to deem that C and C were aware that they were able to transmit their horses to others, but the lower court determined otherwise.

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant on the grounds that the Defendant could not be deemed to have made such remarks as indicated in the facts charged, that is, the Defendant’s statement to C was the same as the contents posted to C in the Kakao Group, and that it cannot be readily concluded that the Defendant’s statement itself was false in view of the overall contents of the horses, and that the Defendant’s relation with the Defendant, C, and the victim could not be deemed to have injured the reputation by pointing out false facts against the victim.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the public prosecutor.

The prosecutor's assertion is without merit.

3. The appeal by the conclusion prosecutor is dismissed.

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