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(영문) 대법원 2020.11.12 2018도17586
출판물에의한명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted some of the facts charged in the instant case on the charge of fraud, and on the charge of defamation by publication, which is the primary facts related to defamation, and on the charge of defamation by publicly alleging false facts, which are the ancillary facts added by the lower court, on the grounds that there is no proof of crime, and found the Defendant not guilty of the aforementioned ancillary facts added by the lower court.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court acquitted the Defendant on the ground that it was difficult to readily conclude that the Defendant was aware of the aforementioned facts charged, which are the intentional criminals, based on the premise of each of the above facts charged or false facts that constitute the constituent elements thereof. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence inconsistent with the logical and empirical rules, or by misapprehending

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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