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(영문) 대법원 2013.05.09 2012도16006

명예훼손등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the ground that the judgment of the court below had affected the conclusion of the judgment. Thus, in this case where the defendant was sentenced to a fine against the defendant, the court below convicting the defendant of this part of the facts charged, even though the defendant alleged false facts, did not harm the reputation of the representative of the apartment complex.

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

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