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(영문) 대법원 2017.11.29 2017도12693
명예훼손등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed after the deadline for submitting the grounds of appeal).

1. Although examining the grounds for Defendant B’s appeal based on relevant legal principles and evidence, the lower court found Defendant B guilty of defamation based on a false statement of false facts in the facts charged of the instant case on the grounds stated in its reasoning, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal doctrine regarding the mistake of facts in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the distinction between statement of facts and expression of opinion in the crime of defamation

In addition, the argument that Defendant B’s defamation act is dismissed as an act that is for the public interest or that does not contravene social norms, is not a legitimate ground for appeal, since Defendant B’s assertion that it was based on the appeal, or that it was not subject to judgment ex officio by the court below, is not a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant C, the allegation that Defendant C did not have conspired to commit defamation or did not have awareness of illegality is asserted by Defendant C as the grounds of appeal, or that the lower court did not consider Defendant C as the subject of judgment ex officio, and thus, is not a legitimate ground of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant C was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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

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