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(영문) 대법원 2015.08.13 2015도8036
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that the facts charged in the instant case (excluding the portion not guilty) was guilty on the grounds stated in its reasoning.

There is no illegality of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the grounds for excluding illegality in the crime of defamation.

In addition, according to Article 383 subparagraph 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 life or for not less

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable 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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