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(영문) 대법원 2016.05.12 2016도3598

명예훼손등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of insult of the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine as to the possibility of spreading the offense of insult

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding defamation among the facts charged in the instant case, and reversed the first instance judgment that found the Defendant guilty on the ground that there was no proof of crime regarding the forgery of private documents and the exercise of the aforementioned investigation documents among the facts charged in the instant case, and sentenced the Defendant

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.