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(영문) 대법원 2013.11.14 2013도8953
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly adopted by the court below and the first instance court maintained by the court below, the court below is just in finding the defendant guilty of the facts charged of this case (excluding the part not guilty of the first instance court) on the grounds as stated in its reasoning, and there is no violation of law of free evaluation of evidence in violation of logical

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to the grounds for excluding illegality in the crime of defamation is not a legitimate ground for appeal, as alleged in the ground for appeal by the defendant, or by the court below's decision that it is not subject to judgment ex officio.

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

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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