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(영문) 대법원 2017.03.30 2016도15157
명예훼손등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the reasoning of the Defendant’s appeal in accordance with the relevant legal principles and evidence, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine on false facts and intention in the crime of false accusation, or by misapprehending the legal doctrine on false facts and intention in the crime of false accusation, as alleged in the grounds of appeal.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant of defamation among the facts charged in the instant case and acquitted the Defendant on the grounds that there is no proof of crime.

The judgment below

Even if examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine on the public performance in the crime of defamation.

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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