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(영문) 대법원 2014.01.23 2013도8531
명예훼손
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable in finding the Defendant guilty of defamation of October 28, 201 among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the elements of the crime of defamation, the burden of proving the facts charged, and the admissibility of evidence.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable for the lower court to find the Defendant not guilty on the ground that there was no proof of a crime of defamation among the facts charged in the instant case on October 21, 201 and October 25, 201. In so doing, 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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