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(영문) 대법원 2016.12.29 2016도15101
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. In order for an act that defames a person by openly pointing out a fact to be dismissed and punished, the alleged facts are related to the public interest when objectively viewed, and an actor should also indicate such facts for the public interest. In addition, the alleged facts are true or, at least, there are reasonable grounds to believe that the actor is true and to believe that it is true and that at least the actor is true, and that there is reasonable grounds to believe

(2) On April 11, 1997, the grounds of appeal on April 11, 1997 (see, e.g., Supreme Court Decision 97Do88, Apr. 11, 1997). 2. The allegation in the grounds of appeal is not a statement of false facts, but is not a statement of false facts by the defendant, but a statement of facts against the rules of evidence without making all necessary deliberation even though it falls under the grounds for the exclusion of illegality under Article 310 of the Criminal Act, and the decision on the important part which is the premise of the determination of false facts was omitted, and

However, the recognition of facts, the selection and evaluation of evidence is within the exclusive authority of the fact-finding court unless it exceeds the limit of the principle of free evaluation of evidence

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence.

In addition, the lower court did not err by misapprehending the legal doctrine regarding the determination standard of false facts, the burden of proof, or omitting judgment in determining defamation based on the facts acknowledged by the lower court.

Furthermore, in light of the aforementioned legal principles, the lower court did not err by misapprehending the legal doctrine on the grounds for the elimination of illegality under Article 310 of the Criminal Act.

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

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