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(영문) 대법원 2016.05.26 2015도17696
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds for appeal, the lower court’s determination that the Defendant was guilty of each of the defamation points around April 10, 2012 among the facts charged in the instant case, around May 8, 2013, and around September 30, 2013, on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal doctrine on the crime of defamation.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the lower court to reverse the first instance judgment convicting the Defendant on the ground that there was no proof of the relevant crime as to each defamation of the facts charged in the instant case on May 1, 2013 and December 3, 2013, and to find the Defendant not guilty, on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal doctrine on the crime of defamation.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no evidence of objection to the petition of appeal and the reasoning of appeal.

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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