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(영문) 대법원 2016.02.18 2015도19289
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have convicted all of the facts charged in the instant case.

There is no illegality of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the crime of false accusation or defamation, or of violating Articles 54, 55, and 323 of the Criminal Procedure Act.

In addition, the argument that the court below erred in the misapprehension of the legal principles as to the grounds for the dismissal of illegality under Article 310 of the Criminal Act as to defamation among the facts charged in this case is alleged as the ground for appeal or that the court below did not consider it as the subject of judgment ex officio, and it does not constitute a legitimate appeal.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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