2018Do11988 Defamation

A person shall be appointed.

Prosecutor

Law Firm Hatho

Attorney Yellow-Gyeong, and Composition

Seoul Central District Court Decision 2017No4234 Decided July 13, 2018

July 4, 2019

The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court did not prove a crime against the facts charged in this case.

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the record, 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 “statement of false facts” in the crime of defamation against a deceased person and by misapprehending the legal doctrine on false perception.

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

Justices Ansan-chul

Justices Park Sang-ok

Justices Noh Jeong-hee-------

Justices Kim Jae-hwan of the District Court