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(영문) 대법원 2015.06.24 2015도986
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed), the lower court is justifiable to have found the Defendant guilty of all of the facts charged of defamation on or around December 2008, on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the “public allegation

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the relevant legal principles and records, the lower court is justifiable to reverse the first instance judgment convicting the Defendant on the charge of defamation on November 15, 2013 among the facts charged in the instant case, on the grounds as indicated in its reasoning, on the grounds that there was no proof of facts constituting the crime. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of logic and experience and by exceeding

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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