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(영문) 대법원 2013.05.09 2013도1400

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 lower court, the lower court was justifiable to have determined that the Defendants guilty of the instant facts charged on the grounds stated in its reasoning. 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, as otherwise alleged in the grounds of appeal by the Defendants, by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine as to co-principals, as provided in Article 307(1) of the Criminal Act, “

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unreasonable only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in the instant case where Defendant B was sentenced to a fine of not less than 50,000 won, the argument that the sentence

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