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(영문) 대법원 2015.10.29 2015도12355
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 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 reasons indicated in its reasoning, the lower court found the Defendant guilty on the ground that the content of the document posted by the Defendant on March 1, 2013 and on April 10, 2014 of the instant facts charged is not merely a mere expression of opinion, but rather a mere expression of false facts against the victims, and that Article 310 of the Criminal Act on the prevention of illegality is not applicable, and rejected the allegation in the grounds of appeal by misunderstanding of facts or misunderstanding of legal principles.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the statement of false facts in the evidence trial principle and defamation crime

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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