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(영문) 대법원 2018.08.01 2018도8189
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the relevant legal principles and the evidence duly adopted and examined by the first instance court and the first instance court as to the grounds for the Defendant’s appeal, the lower court was justifiable to have determined that the Defendant was guilty of the facts charged in the instant case (excluding the portion without charge) for the reasons indicated in its reasoning

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the crime of defamation of reputation.

2. On the grounds of the Prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on May 9, 2016, on the ground that there was no proof of the relevant crime, on the ground that the facts charged in the instant case constituted defamation.

Examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the statement of reasons for 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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