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(영문) 대법원 2017.12.22 2016도20612
명예훼손등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below’s decision of the court of first instance that found the Defendant guilty of defamation among the facts charged of this case on the grounds that there is no proof of crime is justifiable, and it did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the possibility of dissemination or performance in the crime of defamation, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the grounds for appeal as to the guilty portion and did not state the grounds for appeal in the notice of 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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