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(영문) 서울동부지방법원 2014.12.04 2014노1034
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the content of the text message sent by the defendant exceeds a simple exaggeration, and further, it is recognized that the defendant was aware that the content of the text message was false.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. The court below found the defendant not guilty of the facts charged in this case on the ground that it is difficult to conclude that the content of text messages sent by the prosecutor alone exceeds a simple exaggeration or that the contents of text messages were false, or that there was a false awareness or a false intent to defame the defendant after examining the circumstances acknowledged by the evidence adopted and examined by the prosecutor. In comparison with the judgment of the court below, the judgment of the court below is just and acceptable, and there was no additional submission of new evidence to support the prosecutor's assertion in the grounds for appeal. Thus, the judgment of the court below did not err in misapprehending the legal principles as pointed out

Therefore, prosecutor's assertion is without merit.

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

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