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(영문) 대법원 2017.05.17 2017도4117
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s judgment that found Defendant A guilty of the facts charged against the Defendant on the grounds stated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the grounds for the rejection of illegality under Article 310.

The argument that the act recorded in the facts charged in this case constitutes a justifiable act under Article 20 of the Criminal Act among the grounds for appeal is not a legitimate ground for appeal, and it is not a legitimate ground for appeal, as it is asserted by the defendant only for the reason of appeal that the court below

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’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 all the modified charges on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on false facts in the crime of defamation of reputation and by misapprehending the legal principles on the grounds for the

3. 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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