logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.08.01 2018도7913
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the Prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the charge of defamation, on the ground that there was no proof of a crime, among the facts charged in the instant case, and sentenced the Defendant not guilty.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

2. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of factual defamation based on the changed facts contained in the instant facts charged, on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, 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 principles on the possibility of spreading in the crime of defamation.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow