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(영문) 대법원 2017.08.29 2017도9788
명예훼손등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by the defendant, only in a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal for the reason of sentencing is permitted, and thus, the argument that the determination of punishment is unfair is not legitimate.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to reverse the first instance judgment and to render a not-guilty verdict on the charge of defamation among the facts charged of this case against the Defendant on the grounds that there is no proof of crime. In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

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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