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(영문) 대법원 2017.05.17 2016도19996
명예훼손등
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 is justifiable to have convicted the Defendant of all of the facts charged of defamation on the grounds stated in its reasoning.

In doing so, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the statement of facts and the falsity of alleged facts in the crime

On the other hand, the ground of appeal as to performance does not constitute a legitimate ground of appeal since the defendant alleged that it was the ground of appeal or that the court below did not consider it as the object of judgment ex officio.

B. While examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have acquitted the Prosecutor on the charge of interference with and insult of duties among the facts charged in the instant case on the ground that there was no proof of each crime.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles.

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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