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(영문) 대법원 2018.04.12 2017도17904
명예훼손등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so determining, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation by violating logical and empirical rules, or by misapprehending the legal doctrine on the grounds of illegality under Article 310 of the Criminal Act, the crime of defamation and the obstruction of business

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. Thus, in this case where a more minor sentence is imposed against the Defendant, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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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