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(영문) 대법원 2016.04.12 2015도15651
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of defamation on August 25, 2010 among the facts charged in the instant case (excluding the portion not guilty of the grounds for appeal) on the grounds indicated in its reasoning is justifiable. In so doing, it did not err by failing to exhaust all necessary deliberations as alleged in the grounds for appeal, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the grounds for denying illegality.

2. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that the part of false facts as to defamation caused by the statement of false facts on August 25, 2010 among the facts charged in the instant case was not proven, and found the Defendant not guilty of the grounds for appeal.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine, contrary to what is alleged in 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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