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(영문) 대법원 2021.02.25 2020도17904
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime regarding the defamation part among the facts charged in the instant case on August 2017, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations as to the grounds of appeal and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the grounds for appeal by the Defendant, the lower court convicted the Defendant of the instant facts charged (excluding non-criminal part) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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, contrary to the grounds of appeal.

3. 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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