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(영문) 대법원 2013.10.11 2013도8409
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and there was no error by misapprehending the legal doctrine on the grounds for the elimination of illegality under Article 307(2) of the Criminal Act and Article 310 of the Criminal Act.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unreasonable only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. Thus, in this case where the defendant was sentenced to a minor punishment, the argument that the amount of punishment is unreasonable

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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