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(영문) 대법원 2020.04.29 2020도236
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s appeal, Defendant A did not submit the appellate brief within the submission period, and Defendant A did not state the grounds for appeal in the petition of appeal.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the charge of giving rise to breach of trust among the charges against Defendant B, and of defamation and non-guilty portion through publication of the F news on January 17, 2018.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the following: (a) the fundamental principles of the criminal law, namely, “the benefit of the Defendant when he/she is in doubt,” “illegal solicitation”; (b) the perception of false facts” in the crime of defamation by publications; and (c) the establishment of false accusation; and (d) the interpretation of the Attorney-at-Law Act.

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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