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(영문) 대법원 2019.03.14 2019도588
명예훼손등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s grounds of appeal, the court of final appeal may examine and determine only to the extent of filing an appeal based on the grounds of final appeal, the written grounds of final appeal must clearly state the grounds for final appeal, specifying the grounds for final appeal.

Therefore, unless the appellate brief states such specific and explicit grounds of appeal, it cannot be deemed that legitimate grounds of appeal have been submitted.

(See Supreme Court Decision 9Do513 delivered on April 21, 2000, etc.). Defendant A merely stated in the appellate brief the purport that the lower judgment is unreasonable, but did not explicitly state specific grounds for violation of Acts and subordinate statutes, and thus, it cannot be deemed that legitimate grounds for appeal have been submitted.

2. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted Defendant B of the facts charged on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the legal principles as to the validity of a complaint or a mistake of fact beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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