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(영문) 대법원 2018.06.12 2018도4706

명예훼손등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the Defendant’s appeal, the lower court found the Defendant guilty only on the grounds of the lower judgment, on the grounds indicated in its reasoning, that the lower court constituted a reduced fact contained in defamation by publicly alleging false facts among the facts charged in the instant case (excluding the part of acquittal

In light of the relevant legal principles and evidence, the lower court did not err by misapprehending the legal doctrine on the crime of defamation and acquittal.

2. On the grounds of the Prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Prosecutor on the ground that it constitutes a case where part of the facts charged in the instant case is not a crime, and rendered a not guilty verdict on the grounds of its reasoning.

Even if examining the record, the lower court did not err by misapprehending the legal doctrine regarding a justifiable act, as 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.