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(영문) 대법원 2019.02.14 2018도19844

명예훼손등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the lower court and the first instance court as to the Defendant’s grounds of appeal, the lower court’s finding the Defendant guilty of the instant facts charged (excluding the part not guilty) on the grounds indicated in its reasoning is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine regarding the public performance of defamation, or by omitting judgment on concurrent crimes under the latter part of Article 37

On the other hand, the argument regarding the portion of the facts charged in the instant case is without merit, and it is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground of appeal or as

2. Examining the Prosecutor’s grounds of appeal, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the facts charged in the instant case (excluding the part concerning the charge) on the grounds as stated

In so doing, the lower court did not err by misapprehending the legal doctrine on the public performance of defamation and insult.

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

참조조문