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(영문) 대법원 2014.09.26 2014도9092
명예훼손등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the record, the Defendant appealed against the judgment of the first instance, and asserted only mistake of facts as to defamation of the facts charged in the instant case, along with the allegation of unreasonable sentencing as the grounds for appeal.

In such a case, the lower court’s assertion that there was an error of law in the misapprehension of legal principles as to insult of the facts charged in the instant case, or a mistake of facts due to violation of the rules of evidence, or in the misapprehension of legal principles as to defamation among the facts charged in the instant case, is not a legitimate ground for appeal.

In addition, in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of defamation among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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