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(영문) 대법원 2016.08.29 2016도5257
명예훼손
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to find the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there is no error of misapprehending the legal principles as to the allegation of false facts in the crime of defamation or defamation of reputation by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted based on unfair grounds for sentencing. As such, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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