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(영문) 대법원 2017.04.28 2017도2800
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined together.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have found the Defendants guilty of the charges in this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of defamation of reputation

The argument that the judgment of the court below contains an error of law that deviates from the inherent limit of sentencing discretion is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where a minor sentence has been imposed against the Defendants is not a legitimate ground for appeal.

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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