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(영문) 대법원 2017.02.15 2016도19366
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, the lower court was justifiable to have convicted the Defendant of defamation on November 13, 2014 among the facts charged in the instant case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Examining the reasoning of the lower judgment on the grounds of the prosecutor’s appeal in light of the records, the lower court reversed the first instance judgment that found the Defendant guilty on the ground that there was no evidence of crime regarding the violation of defamation among the facts charged in the instant case on November 2014, and acquitted the Defendant on the ground that there was no evidence of crime, and it is justifiable to maintain the first instance judgment that acquitted the Defendant on November 19, 2014 among the facts charged in the instant case on the ground that there was no

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal principles on the possibility of spreading in the crime of defamation

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons 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.

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