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(영문) 대법원 2016.04.29 2016도2327
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the facts in light of the relevant legal principles and evidence, the lower court’s judgment, on the grounds stated in its reasoning, which found the Defendant guilty of defamation on May 16, 2014 and June 30, 2014 among the facts charged in the instant case, did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “statement of fact” in the crime of defamation, contrary to what is alleged in the grounds of appeal.

Meanwhile, the allegation that there was an error in the misapprehension of legal principles as to the distinction between the statement of fact and the expression of opinion in the crime of defamation as to defamation of the facts charged in the instant case from February 4, 2014 and March 4, 2014, is not a legitimate ground for appeal, since the Defendant’s ground for appeal or the lower court’s ground for appeal that was not subject to judgment ex officio, did not constitute 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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