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(영문) 대법원 2017.02.09 2016도20248
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court determined to the effect that the Defendant was aware of the same talk as the facts stated in the judgment of the first instance court, and that the performance of the crime of defamation of reputation is recognized, and rejected the allegation of the grounds for appeal by misunderstanding

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts that led to the determination of the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, relevant legal principles as indicated in the lower judgment, and evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by exceeding the bounds of

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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