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(영문) 대법원 2018.10.12 2016도11885
명예훼손등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty on the charge of false accusation among the facts charged in the instant case on the grounds stated in its reasoning is justifiable. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the legal doctrine on false accusation, crime intent, purpose of disciplinary action, nature of institution subject to reporting and legitimate act, etc.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rendered a not-guilty verdict on the grounds that each of the facts charged in the instant case constituted a case where there is no proof of criminal facts. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of logical and empirical rules, exceeding the bounds of the principle of free evaluation, or by misapprehending the legal doctrine on the possibility

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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