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(영문) 대법원 2013.11.14 2013도6326
사자명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below and the court of first instance maintained by the court below in light of the evidence duly admitted, it is just that the court below found the defendant guilty of the facts charged of this case (excluding the first instance court and the part not guilty of each of the court below) on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, there were no errors by failing to exhaust all necessary deliberations or by misapprehending the rules of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

However, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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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