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Cases
2016Do1294 Defamation
Defendant
A person shall be appointed.
Appellant
Defendant
Defense Counsel
Law Firm B
C. Attorney C.
Judgment of the lower court
Seoul Southern District Court Decision 2015Do80 Decided January 8, 2016
Imposition of Judgment
July 7, 2016
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act).
For the reasons indicated in its holding, the court below reversed the judgment of the court of first instance which acquitted the defendant of this part of the facts charged, on the grounds that the public performance of the facts charged in the judgment of the court of first instance was recognized, and that there was an intentional act on the part of the defendant, and that there was an intentional act on the part of the defendant as stated in paragraph (3) of the facts charged in this case by preparing and distributing the documents of this case in the judgment of the court of first instance. The court below affirmed the judgment of the court of first instance which acquitted the defendant of this part of the facts charged, and found the defendant guilty.
The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court, and is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and relevant legal principles as well as evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the recognition of a false crime of defamation, the denial of a criminal charge, the criminal intent of defamation, and the performance, contrary to what is alleged in the grounds
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Lee Ki-taik
Justices Lee In-bok
Justices Kim Yong-deok
Justices Kim Gin-young