beta
(영문) 대법원 2018.08.01 2018도7876

모욕등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment that found the Defendant guilty on the grounds that there was no proof of crime as to each insult among the facts charged in the instant case, and rendered a judgment of not guilty.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles as to the public performance of the offense of insult, by exceeding the limit of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the statement of reasons for appeal.

2. Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted, the lower court’s judgment that found the Defendant guilty of defamation among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the legal principles as to the burden of proof of defamation caused by the statement of false facts, and the recognition of false and public performance, by misunderstanding of facts beyond the limit of free evaluation of evidence in violation of logical and empirical rules.

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