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(영문) 대법원 2019.02.14 2018도16842
무고등
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, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged (excluding the part on innocence and the part on acquittal of the reasoning) on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

2. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the ground that there was no proof of crime as to the violation of defamation due to the assertion of false facts among the facts charged in the instant case.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the free evaluation of evidence.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief.

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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