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(영문) 대법원 2016.05.12 2015도15357
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of this case’s charges on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the public performance in the crime of defamation, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment as to Defendant C and F’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that all of the instant charges against Defendant C and F were guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

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 not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant C or F is sentenced to a fine, the argument that the amount of punishment is unfair is not a legitimate ground for

3. According to the record as to the grounds for appeal by Defendant B, D, E, and G, Defendant B, D, E, and G appealed against the first instance judgment, and asserted that the sentencing was unfair on the grounds of such appeal along with the wrongful fact for the reason of the appeal, but withdrawn the grounds for appeal as to mistake of facts on the first trial date of the lower court.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, according to Article 383 (4) of the Criminal Procedure Act, death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced.

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