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(영문) 대법원 2014.09.04 2013도8623
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment, the lower court found the Defendant guilty of the facts charged in the instant case based on the legal doctrine and fact-finding as indicated in its holding, on the grounds that: (a) “the victim of the Madern was guilty by pointing out false facts as if the grounds for dismissal were made in order to dismiss the Defendant; and (b) as to the part that “the victim damaged the victim’s reputation by pointing out false facts as if his choice was seized by embezzlement of public funds”; (c) the Defendant’s alleged facts are true, but the contents of the alleged facts are merely related to the interests of the council of occupants’ representatives of the apartment in this case, and it cannot be deemed that there were justifiable grounds to believe that the Defendant was in line with the public interest.

2. Examining the relevant legal principles and records, the above determination by the court below is just and acceptable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on defamation or mistake of law.

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

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