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(영문) 대법원 2018.12.13 2018도14030
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court acquitted Defendant 1 on the grounds that there was no proof of a crime as to “the part of the facts charged with the alteration of defamation against Defendant A, which, on the grounds indicated in its reasoning, deemed that there was no proof of a crime as to “the part in which the victim C attempted to unlawfully select two enterprises (including the victim’s opinions in disregard of Defendant A’

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of defamation, contrary to what is alleged in the grounds of appeal

2. On the grounds of the Defendants’ final appeal, the lower court found the Defendants guilty of the facts charged of occupational embezzlement against Defendant B, C, and D among the facts charged with the alteration of defamation against Defendant A, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and duly admitted evidence, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on defamation and occupational embezzlement.

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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