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(영문) 대법원 2018.01.25 2017도18009
출판물에의한명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding Defendant A guilty of the facts charged in this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of free evaluation of evidence, or by misapprehending the legal principles as to the grounds for exclusion of illegality under Article 15(1) of the Criminal

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

Meanwhile, the Defendants’ assertion that the Defendants did not have distributed the printed matter by mail, or that the Defendants’ act constitutes a justifiable act under Article 20 of the Criminal Act is not a legitimate ground for appeal, since they asserted that the Defendants’ act was based on appeal or the lower court did not have determined ex officio.

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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