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(영문) 대법원 2018.04.26 2018도983
출판물에의한명예훼손
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 where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the recognition of the facts without a specific assertion on the grounds of violation of law, etc. of the judgment below is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment as to the prosecutor’s appeal in light of the record, it is justifiable for the lower court to have affirmed the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant crime as to the point of partial defamation (excluding the guilty portion) against C and defamation against K religious organizations among the facts charged in the instant case on the grounds stated

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the trial-oriented principle and the direct examination principle.

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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