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(영문) 대법원 2018.03.27 2017도18559
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of the facts charged in this case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found Defendant B guilty on April 2015 of the facts charged in the instant case, on the grounds stated in its reasoning, on the grounds that there was no proof of a crime, and sentenced Defendant B not guilty.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed against the entire judgment of the court below against Defendant B, but the guilty part does not include specific reasons in the petition of appeal and does not state the reasons for appeal as to this.

3. 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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