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(영문) 대법원 2017.01.12 2016도18143
명예훼손등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases of which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten

Therefore, in this case where a more minor sentence is imposed against the defendant, the defendant's ground of appeal that misleads the defendant as to the violation of the rules of evidence without hearing, violation of the rules of law, and mistake of facts is merely a dispute over the judgment of the court of fact-finding which belongs to the free judgment of the court of fact-finding and the judgment of the court of fact-finding and the

2. Examining the reasoning of the judgment of the court below in light of the records, it is just for the court below to reverse the judgment of the court of first instance which convicted the defendant of defamation among the facts charged of this case on the grounds as stated in its holding, and to find the defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the grounds of rejection of illegality, or by misapprehending the legal principles as to the grounds of rejection

On the other hand, although the prosecutor appealed to the entire judgment of the court below, he did not state specific reasons in the petition of appeal as to the guilty portion, nor state reasons for objection in the petition of appeal.

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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