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(영문) 대법원 2014.10.27 2014도6868

명예훼손

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of the instant charges on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the rules of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the relevant legal doctrine, without properly conducting necessary deliberation

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have maintained the first instance judgment that acquitted the Defendant on the charge of the facts charged in the instant case on the grounds as stated in its reasoning, on the grounds that there was no proof of the facts charged. In so doing, contrary to what is alleged in the grounds of appeal, there were no

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, there is no specific reason in the petition of appeal as to the guilty portion, nor there is no reason in the statement of appeal as to 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.