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(영문) 대법원 2013.07.11 2013도5120
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the lower court found the Defendant guilty by finding wrong facts and by misapprehending the legal doctrine on Article 310 of the Criminal Act, even though the victim distributed meeting data, as shown in the instant facts charged, along with a criminal judgment that was convicted of perjury, for the public interest of normalization of the operation of the Dtel management body. The lower court’s judgment is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasons in light of the record, the court below cannot find out the reason that the court below exceeded the limit of the principle of free evaluation of evidence, and there is no illegality of misunderstanding the legal principles as to Article 310

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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