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(영문) 대법원 2013.08.22 2013도6425
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty on the grounds indicated in its reasoning, excluding the remainder of the charge as below. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence

2. On the grounds of appeal by the public prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that the facts charged in the instant case, on October 24, 201, and partial defamation as of October 24, 201, constituted a case where there is no proof of crime, and acquitted the Defendant.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to “public performance” and “severability.”

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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