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(영문) 대법원 2016.11.09 2016도13436
모욕등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by the Defendant in light of the evidence duly admitted and examined by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of all insulting points among the facts charged in the instant case for the reasons indicated in its holding

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

2. According to the reasoning of the lower judgment on the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the facts charged in the instant case constituted a case where there is no proof of crime regarding defamation by publication among the facts charged.

The judgment below

Examining the reasoning of the record, the above determination by the court below is just, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on “an perception of false facts” and “an purpose of unfortunateing” in defamation by publications.

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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