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(영문) 대법원 2013.12.26 2013도12437
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the charge (excluding the part not guilty) on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or misapprehending the legal doctrine on defamation

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court was justifiable to have acquitted the Defendants on the ground that there was no proof of crime regarding defamation related to the amendment of the apartment management rules concerning the long-term repair appropriations among the facts charged against the Defendants.

In so doing, contrary to what is alleged in the grounds of appeal, there were errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or

subsection (b) of this section.

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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